POOJA SONI Vs. DINESH KUMAR

JUDGEMENT

(1.) Regard being had to the similitude of the facts and controversy in question, this petition is heard analogously along with M.P.No.601/2021 and a common order is being passed which covers the fate of both the petitions as referred above. For conveniences sake, facts of the case narrated in M.P.No.600/2021 are taken into consideration.

(2.) By the instant petition, the petitioner has called in question the legality and validity of the order dated 28.06.2018, Annexure P/4 passed by the Court of First Civil Judge Class-I, Nasrullagang, District Sehore, whereby an application filed under Sec. 10 of the Code of Civil Procedure by the petitioner/defendant No.3 has been rejected.

(3.) As per the petitioner/defendant No.3, she is the owner and in possession of the property consisting of agricultural land bearing survey Nos.272/1/2/2, 273 & 354/273 situated at village Cheech, Tahsil Nasrullaganj, District Sehore (hereinafter referred to as 'the suit property') purchased by her out of her stridhan and as a mark of respect, she got mutated the name of her husband (respondent No.2/defendant No.1) in the revenue record. The respondent No.2 borrowed Rs.2.00 lacs from the respondent No.1/plaintiff for treatment, which he returned to the respondent No.1. At the time of taking money, the respondent No.1 kept the Rin-Pustika in respect of suit property with him, which was supposed to be returned after getting the money back, but he had not returned the Rin Pushtika ever after receiving the money back due to malafide intention.