RAMA DEVI Vs. EDUCATION SOCITY

JUDGEMENT

(1.) THE disputed property is situated in village Ambah. Appellant/ plaintiff had filed a suit for declaration of title and injunction alleging that she is owner of house situated in Ward No. 9 and is in possession thereof. The said property is purchased by the appellant vide registered sale deed dated 14.11.1973 from one Ram Singh. Copy of the sale deed is Ex. P -2. The said document is a registered document. Ram Singh has purchased the property from one Ramkrishan vide registered sale deed dated 14.11.1956 Ex. P -1 and thus acquired title to the said property. According to the plaintiff respondents were trying to interfere with her possession, therefore, she filed the present suit.

(2.) THE case of the defendant is that the said property was owned by one Brahmalal. Brahmalal has executed a gift deed in favour of present respondent on 6.7.1964 Ex. D -1. Ex. D -2 is the map of the said property. Brahmalal is the father of the plaintiff and thus respondents are the owners of the said property. According to the defendant the defendants are in possession of the suit property.

(3.) THE gist of the questions is that in absence of proof of title of Brahmalal the suit filed by the plaintiff should have been dismissed. Shri N.K. Mody, learned counsel for the appellant vehemently urged that there is no evidence on record to show that the said Brahmalal was the owner of the property and in absence of this evidence the story put forward by the defendant could not have been believed and the Court was bound to decree the suit in his favour. For getting the decree for declaration of title the plaintiff has to succeed on her own strength. So long as the plaintiff herself has not proved her title she is not entitled to get a decree against the defendant particularly when the finding about the possession is in favour of the defendant.