HABIB KHAN Vs. SHAHJAD BI

JUDGEMENT

(1.) The prayer in the petition is for quashment of order dated 01/01/10 passed by Civil Judge, Class-Il, Khachrod Distt. Ujjain in Civil Suit No.6-A/08 whereby objection raised by the petitioner regarding admissibility of the document was turned down.

(2.) Short facts of the case are that the respondent filed a suit for permanent injunction on 14/01/08 alleging that a piece of land bearing house No.5 situated at Sumangali, Khachrod is owned by the respondent. It was alleged that the suit property was received by the respondent from her husband in prompt dower. It was alleged that after her marriage husband of the respondent married to other woman and is living at Indore. It was alleged that the husband of the respondent tried to sale the suit land in the year 1990. In the circumstances respondent filed a suit for injunction which was numbered as 62-A/90 and interim injunction was granted in favour of respondent vide order dated 16/04/91, but respondent could not pursue the suit because of paucity of funds. It was alleged that since the suit plot was given to the respondent on account of prompt dower, therefore, since then the respondent is in occupation of the suit land. It was alleged that since the respondent is trying to take possession of the suit plot forcibly, therefore, it be declared that respondent is owner and petitioner be restrained to interfere into the possession of respondent.

(3.) The suit was contested by petitioner on various grounds. It was denied that respondent is owner of suit plot on the basis of dowry given by her husband. It was alleged that the suit property is immovable property and in absence of registered document respondent is not owner of the suit property. It was alleged that the suit which was filed by the respondent on 16/07/90 was numbered as Civil Suit No.62-A/90 and was dismissed on 13/12/95. It was alleged that the application filed by the respondent for restoration of suit was also dismissed on 26/05/05. It was prayed that the suit be dismissed.