DEEPAK SHARMA Vs. SAROJ BALA TIWARI

JUDGEMENT

(1.) Present first appeal under Sec. 96 of C.P.C. has been filed against the judgment and decree dtd. 27/8/1998 passed by Fifth Additional District Judge Gwalior, District Gwalior (M.P.) in Civil Suit No.13A/1994 whereby, the civil suit filed by the respondent-plaintiff for declaration, partition and permanent injunction has been decreed.

(2.) For the sake of convenience, hereinafter, the respondent no.1 will be referred to as the plaintiff, respondent no.2- as defendant no.1 and respondents no. 3 to 14 as defendants no.2 to 13.

(3.) The relevant facts to decide the appeal are that the plaintiff filed a suit for declaration, partition and permanent injunction in respect to suit house bearing no.25/433 situated at Loko-shed, Tansen Road, Gwalior (M.P.) against the appellant, and other defendants on the allegations. It is alleged in the plaint that deceased Shyamlal was the owner of the suit house. Deceased Shyamlal's daughters are plaintiff and defendant no.1. Shyamlal died on 30/10/1993, therefore, plaintiff- Smt. Sarojbala Tiwari and defendant no.1- Sushila Sharma being the daughter of deceased became successors. Plaintiff - Smt. Sarojbala Tiwari and defendant no.1- Sushila Sharma have equal share i.e. 1/2 each. Deceased Shyamlal did not execute any Will or sale-deed in respect to the suit house. Appellant/defendant no.14 has been receiving the rent from the tenants unlawfully and making obstructions in use of the house. The rent of total accommodation is near about Rs.3490.00 per month. When the plaintiff told the defendant no.1 for partition, she refused for it. In these circumstances, the plaint has been filed for partition and permanent injunction.