SHAKUNTALA DEVI SINGHAL Vs. GOVERDHAN DAS

JUDGEMENT

(1.) This appeal is preferred by the plaintiff being aggrieved by the judgment and decree dated 27/1/2004 passed by the 10th Additional District Judge (Fast Track Court) Gwalior, whereby the suit filed by the present plaintiff is dismissed.

(2.) The facts in a nut shell are that the plaintiff has filed the present suit alleging that she is daughter of late Shri Jagannath Prasad who died on 22/9/1969. As per the plaint allegation, Jagannath Prasad was the owner of two houses situated at Deedwanaoli, Lashkar Gwalior as described in the plaint map.

(3.) As per the plaint allegations, Jagannath Prasad survives by Goverdhan Das (Defendant No 1), Narayan Das, who is now dead and his heirs are the defendants No.2 and 6, Smt. Chhanno, who is also now dead and surviving by Smt. Vimla Devi & Smt Munni Devi (Defendants No.3 & 4) and Savitri Bai, who is dead and survived by Smt. Leela Devi and plaintiff. The appellant / plaintiff filed the suit for partition alleging that she has one-sixth share in the property. The defendants filed their separate written statements. Goverdhan Das and Narayan Das filed the written statement alleging that Jagannath Prasad before his death had executed a will dated 16/6/1968 in their favour, and hence the plaintiff has no right to file the suit. They have also raised a plea that the property in question being a dwelling house, hence present appellant has no right to claim partition.