MEERA Vs. HEERA BAI

JUDGEMENT

(1.) THIS appeal under Order 43 Rule 1 (u) of the Code of Civil Procedure has been directed against the judgment and decree dated 25-10-2002 passed by the learned VI Additional District Judge, Sagar, in Civil Appeal No. 28-A/2002 setting aside the order dated 16-8-2002 passed by II Civil Judge, Class-II, Sagar in Civil Suit No. 13-A/2000.

(2.) SHORTLY stated the facts of the case are that the respondents/plaintiffs filed a civil suit alleging that the plaintiffs and the defendant are members of joint Hindu family. Kashiram Raj, husband of plaintiff No. 1, father of plaintiff Nos. 2 to 5 purchased a plot out of joint Hindu family property in the name of defendant who is his daughter in law. It is further pleaded that the plaintiff No. 2 is husband of the defendant and because of matrimonial disputes between them the defendant threatened to evict the plaintiffs from the suit property and also trying to sell the suit property. Accordingly, the plaintiffs prayed for following reliefs : a. The land purchased vide sale deed dated 14-11-1977 in the name of the defendant and the house constructed over the same be declared to be the joint family property as the land in question was purchased by late Kashiram Raj husband of plaintiff and father of plaintiff Nos. 2 to 5 in the name of his grand daughter defendant. B. The defendant be restrained from seeking eviction of the plaintiffs, recovery of rent and from selling the suit property.

(3.) THE appellant/defendant filed written statement and contended that the property is not a joint family property but of her own as she purchased the same out of her own funds. An application was also filed by the defendant under Order 7 Rule 11 of the Civil Procedure Code seeking rejection of the plaint on the ground that in view of the prohibition contained in Section 4 (1) of the Benami Transactions (Prohibition) Act, 1988 (hereinafter referred to as the 'act'), the suit filed by the plaintiffs is barred. Accordingly, it was prayed that, the plaint be rejected.