MAHILA RAMSHRIBAI Vs. MAHILA INDRA BAI

JUDGEMENT

(1.) This first appeal under Section 96 of the Code of Civil Procedure has been preferred by the appellant/plaintiff assailing the judgment and decree dated 31.1.2007 passed by the learned IX Additional District Judge Gwalior (Fast Track Court) (Shri K.K.Sharma) in Civil Suit No.28-A of 2006 dismissing the suit for declaration of title, partition and permanent injunction. In this appeal, the appellant is referred as 'plaintiff' and respondents as 'defendants'.

(2.) The admitted facts are as follows :

(3.) Facts, in brief, of the plaint are that the disputed house was of the ownership of father of husband of the plaintiff deceased Chhote and after death of said Chhote, the ownership of disputed house was vested in his three sons Chhannu, Babu and Ganesha. Babu was unmarried, hence, his share merged into that of his two brothers Chhannu and Ganesha and therefore, husband of plaintiff, Chhannu and his brother Ganesha (whose wife and sons are defendants in this case) became owner of equal share in the disputed house. After the death of plaintiff's husband on 10.12.2003 who was having 1/2th share in the said house, the plaintiff became owner of 1/2th share and ownership of rest of the portion was vested in Ganesha the father of defendants. Both parties were residing in the disputed house jointly. After death of the plaintiff's husband, she asked the defendants for partition of the said house but they avoided the partition and threatened the plaintiff on 15.2.2005 that they would sell what she claimed as her share of the house. Hence, the plaintiff had to file the suit.