ARTI DEVI Vs. RAMBABU

JUDGEMENT

(1.) Appellant/Plaintiff has filed this appeal under Section 96 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 8.10.2004 passed by the First Additional District Judge of the Court of I Additional District Judge, Gwalior (Shri Rajendra Mahajan) in Civil Suit No.42A of 2003 dismissing the suit for partition on the ground that the house in question is exclusively used by the joint family for its dwelling purpose and the plaintiff having failed to prove the plea that the suit house is partly tenanted one. In this appeal, the appellant is referred to as 'the plaintiff' and respondents as 'the defendants'.

(2.) The admitted facts are as follows :

(3.) Facts in brief of the plaint are that the plaintiff filed a suit on 18.1.2001 against defendants for partition of the disputed house belonging to a joint Hindu family consisting of plaintiff and defendants wherein, the plaintiff has claimed separate title alongwith possession of 1/4th share. The plaintiff has further pleaded that the suit house is partly occupied by the tenants on its ground floor and first floor is in occupation of joint Hindu family and defendants no.1 and 2 are residing therein. Since the request made by the plaintiff to the defendants for partition of the disputed property being joint Hindu family property was declined, the suit was filed for partition of the disputed property.