SMT. SAVITA BEN & ANOTHER Vs. SMT. SUSHMA

JUDGEMENT

(1.) Heard on admission.

(2.) This Civil Revision has been filed under Section 115 of the Code of Civil Procedure against the order dated 19/01/2018 passed by II Additional District Judge, Hoshangabad in Miscellaneous Judicial Case No.30/16, whereby learned ADJ rejected the applicants/defendants' application filed under Order VII Rule 11 of the CPC that the suit is not maintainable.

(3.) Brief facts of the case which are relevant for the disposal of this Revision are that non-applicant/plaintiff filed a Civil Suit before the II ASJ, Hoshangabad for claiming relief of declaration of title, partition and injunction and possession over the suit lands averring that earlier non- applicant's marriage was solemnized with Manoj Chawra, who is son of applicant No.1 and brother of applicant No.2. On 19/02/2010 Manoj Chawra died. The Plot No.9/2 area 11419 sq. feet situated at Hoshangabad, on which a house is also constructed and agricultural land situated at village Bagra Mana Gaon bearing survey No.364 area 2.566 hectare, survey No.236 area 2.023 hectare, survey No.325/2 area 0.874 hectare and also agricultural land situated at village Mohgaon, Tehsil Babai, District Hoshangabad bearing survey No.17/1 area 0.004 hectare, survey No.60/14 area 0.287 hectare, survey Nos.76/1/kha & 76/2/kha area 1.914 hectare were jointly owned by Manoj Chawra and applicants. After the death of Manoj Chawra, non- applicant, who is successor of Manoj Chawra became owner of 1/3rd part of the suit plot and other agricultural lands, therefore, she be declared owner of the 1/3rd part of the suit agricultural land and plot and she be entitled to take possession of her part in the agricultural land and plot after partition.