ARAM BAI Vs. PRATAP SINGH (DEAD)

JUDGEMENT

(1.) Heard finally.

(2.) The necessary facts for the disposal of the present petition in short are that the petitioner has filed a civil suit for declaration of title, Partition and for declaring the order dated 18-10-2010 passed by Revenue Court as null and void.

(3.) It is the case of the Petitioner that She and the defendants had a Joint Hindu Family property situated in village Nadankhedi, Tahsil Mungawali, Distt. Ashoknagar, in which the petitioner has share to the extent of 26% whereas the defendants no. 1 to 6 have share to the extent of 24% and the defendant no. 7 has share to the extent of 50%. An application for partition of the suit property was filed before the Court of Tahsildar, Tahsil Mungawali, and without recording any evidence, the Tahsildar has rejected the application, and thus, the order of Tahsildar is liable to be set aside. It was further pleaded that the father of the petitioner and other defendants had got the land in question on lease and were placed in possession and from thereafter, they are in peaceful possession. Although the suit property should have been partitioned in the revenue proceedings, but that has not been done. It was further pleaded that the petitioner is already in possession of her share to the extent of 26%. It was further pleaded that the Tahsildar has merely rejected the application on technical ground and thus, the order of Tahsildar is liable to be set aside. Thus, the suit was filed for declaration that the petitioner has share to the extent of 26%, partition for declaration that order of Tahsildar is null and void, as well as the defendants be restrained permanently from interfering with the peaceful possession of the petitioner.