ANAND SINGHAL Vs. RAMKATORI DEVI

JUDGEMENT

(1.) THIS revision has been preferred by the defendant petitioner aggrieved by the order dated 20-12-1999 passed by IXth Addl. District Judge, Gwalior in Civil Suit No. 14-A/96.

(2.) PLAINTIFF/respondent has instituted a suit for declaration of title and permanent prohibitory injunction restraining dis-possession of her at the hands of her son; Anand Singhal, the defendant. She prayed that she be declared the owner of the disputed house bearing municipal No. 26/937 situated at Maharani Laxmi Bai Road and is in possession of the same and defendant be restrained from interfering in her possession of the suit house. In the plaint it was pleaded that she had obtained the house on partition between the deceased Battolal, Anand Singhal and her other son Mahesh Chand @ Mahesh Babu. There was partition on 1-1-1975 which was acted upon between the parties. Mutation was done based thereon and parties also entered the possession on the basis of the partition dated 1-1-1975. After the partition none of the parties raised any objection. In the ground-floor there are certain tenants from whom the plaintiff is recovering the rent. In the upper-floor the plaintiff is residing alongwith her son Mahesh Babu. In the first-floor and in the one room of the second-floor defendant Anand Singhal is residing, he started quarreling with the plaintiff and was trying to take forcible possession. It was further pleaded that no family arrangement was entered into between the parties in December, 1992. The partition had already taken place on 1-1-1975. In the written statement, the defendant denied the plaint allegation and contended that no partition took place on 1-1-1975. If any partition shown to have taken place that does not bear the signature of the defendant nor he had assented to it. The same was not acted upon. The document showing partition dated 1-1-75 is a forged document and was ineffective.

(3.) ON the basis of the pleadings of the parties the Trial Court has framed the following issues :