SMT. HANJABAI W/O LATE SHRI VISHRAM & OTHERS Vs. SMT. SUMITRA @ URMILABAI W/O LATE SHRI GORDHANLAL & OTHERS

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 05/05/11 passed by IV ADJ, Ratlam in Civil Appeal No. 18 -A/10, whereby judgment dated 03/05/10 passed by II Civil Judge, Class -I, Ratlam in Civil Suit No. 70 -A/10 whereby suit filed by the appellants for declaration and permanent injunction was dismissed, was maintained, present appeal has been filed.

(2.) THE appeal was admitted for final hearing on the following substantial questions of law:

(3.) LEARNED counsel for the appellants argued at length and submit that the impugned judgment passed by the learned Courts below are illegal, incorrect and deserve to be set aside. It is submitted that from the evidence is is evident that the suit property is the property of joint ownership and no partition took place between the parties, therefore, Nagu respondent No. 4 was having no authority to sell any part of the suit property. It is submitted that in the facts and circumstances of the case, learned Courts below ought to have decreed the suit filed by appellants. It is submitted that the appeal filed by the appellants be allowed and the impugned judgment passed by the learned Courts below be set aside.