ASHOK KUMAR Vs. VIMLA DEVI

JUDGEMENT

(1.) Learned counsel for the appellant is heard on the question of admission.

(2.) This appeal under Sec. 100 of the C.P.C. has been preferred by defendant No.1/appellant against the judgment and decree dtd. 25/4/2022 passed in Regular Civil Appeal No.79/2019 by the Ist Additional Judge, Jaora to the Court of First Additional District Judge, Jaora, District Ratlam reversing the judgment and decree dtd. 23/9/2016 passed in Civil Suit No.41-A/2013 by the Civil Judge, Class-I, Jaora, District Ratlam and decreeing the claim of plaintiff/respondent No.1 for declaration of title to the suit land and for partition of the same.

(3.) As per plaintiff she and defendant No.1 jointly purchased the suit land bearing survey No.8/4/3Kha area 0.222 hectare by a registered sale deed dtd. 3/9/1992 for a consideration of Rs.55,000.00. Upon purchase they were jointly recorded over the same in the revenue records. When plaintiff obtained copy of the mutation entry from Patwari on 15/11/2016 she found out that the area of the suit land has been reduced to 0.198 hectare. She made inquiries from defendant No.1 in that regard but did not receive any satisfactory response hence issued a notice to him on 6/3/2007 for partition and delivery of separate possession of her half share in the suit land but the same remained without any response. The defendant No.1 attempted to alienate the entire suit land hence on 29/9/2007 the plaintiff instituted an action for declaration of her half share in the suit land, for partition of the same and for permanent injunction restraining defendant No.1 from alienating the same.