JALDEVI Vs. MATADEEN

JUDGEMENT

(1.) Heard on the question of admission. This appeal under Section 100 of C.P.C. is directed against the judgment and decree dated 14-1-2011 passed by Third Additional District Judge, Bhind in Civil Appeal No. 15/2009; reversing the judgment and decree dated 27-7-1998 passed by First Civil Judge, Class-II, Bhind in Civil Suit No. 200-A/1997.

(2.) Appeal is admitted on following substantial question of law:--

(3.) Facts necessary for disposal of this appeal in narrow compass are that agricultural land admeasuring 15 biga 10 biswa was jointly owned by Kandhole, Churaman and Chinku. Kandhole was having 1/2 share of the suit land whereas Churaman and Chinku were having 1/4 share each. Subject matter of the suit land in the instant case as per the plaint allegation is 1/4 share of Chinku, who after his death was survived by his wife Mula and daughters Vaikunthi and Jaldevi. However, having come to know that the name of Vaikunthi was not endorsed in the revenue record and suit land is recorded in the name of Mula only, and further that Mula had sold the suit land to one Sonelal on 1-2-1982 and in turn Sonelal had sold the suit land to defendant-Matadeen, the original plaintiff had filed the instant suit for declaration, partition and permanent injunction. She also prayed for declaration of sale deeds executed by Mula in favour of Sonelal and in turn the sale deed executed by Sonelal in favour of Matadeen as null and void. Matadeen also filed the counter claim.