MUNNI DEVI Vs. SHANTI KUMAR

JUDGEMENT

(1.) THIS appeal by plaintiff is directed against the judgment and decree dated 24/6/2005 in civil appeal No. 2 -A/2005 confirming the judgment and decree dated 30/6/2004 in civil suit No. 16A/2003. Plaintiff's suit for declaration and permanent injunction has been dismissed.

(2.) FACTS necessary for disposal of this appeal are to the effect that plaintiff/appellant is the sole daughter of defendant no. 3; father of the appellant/plaintiff -Ratiram was the real brother of defendant no. 1 -Shanti Kumar. It is not disputed between the parties that Ratiram and Shanti Kumar jointly held ancestral property, out of which relevant for the purpose of instant suit is falling in survey Nos. 980, 981 and 1001 admeasuring 2.20 hectare, however, the same is recorded in the name of Shanti Kumar in revenue records. Partition had taken place between the brothers and the land falling in survey Nos. 980, 981 and 1001 plus survey no. 966 admeasuring 2.648 hectare of land had fallen to the share of Ratiram and rest of the ancestral land was held to be of the ownership of Shantikumar, which has been mutated in the name of Shantikumar and after partition both brothers have been in possession of the respective lands. After death of Ratiram, plaintiff/appellant and defendant no. 3 became owners of the suit land with equal share. However, Shanti Kumar taking undue advantage of ignorance and illiteracy of plaintiff and her mother -defendant no. 3 got his name mutated in respect of the suit land in the revenue records and threatened the plaintiff and defendant no. 3 of forcible dispossession. Under such circumstances, suit was filed for declaration and permanent injunction.

(3.) SURPRISINGLY , defendant no. 3 had filed written statement seeking dismissal of the suit on the premise that Ratiram has never ploughed the suit land and the land which has fallen to the share of Ratiram was bequeathed in favour of plaintiff/appellant. With the aforesaid pleadings, suit was prayed to be dismissed.