LAWS(MPH)-2012-8-439

LAXMIBAI Vs. DHARAMCHANDRA AND OTHERS

Decided On August 17, 2012
LAXMIBAI Appellant
V/S
Dharamchandra And Others Respondents

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is by the plaintiff.

(2.) She has filed a suit for declaration of title and partition of properties as described in the plaint which according to her are self acquired properties of her father and uncle. Both died intestate, therefore she has a share in the property left behind by them.

(3.) Defendants are her brothers, their wives and sisters. Their defense in the suit is plaintiff has no share in the suit property because of earlier oral partitions of the suit properties which were subsequently reduced to writing in the shape of memorandum of partition. In support of their plea, defendant tried to tender in evidence alleged memorandum of partitions.