SUNITA JALAN Vs. MANOJ JALAN

JUDGEMENT

(1.) Heard Mr. P.P. Dutta, the learned counsel for the petitioner and Mr. B. Baruah, the learned counsel appearing on behalf of the respondents.

(2.) The instant application under Article 227 of the Constitution is directed against the order dtd. 7/1/2019 passed in Title Suit No. 126/2012 by the Munsiff No. 2, Dibrugarh, whereby the petitioner's application under Order VII Rule 14 was rejected.

(3.) The brief facts of the instant case is that the petitioner as plaintiff has instituted a suit which has been registered and numbered as Title Suit No. 126/2012 before the Court of the Munsiff at Dibrugarh. The said suit is for declaration of right, title and interest of the plaintiff over Schedule A and B; for recovery of khas possession of the same; for perpetual injunction; compensation of Rs.100.00 per diem with effect from 17/8/2012 etc. In the said suit the specific case of the plaintiff is that on 14/6/1999 the father-in-law of the plaintiff sold a plot land measuring 0 Bigha 3 Kathas 15 Lechas covered by Dag No. 426 under Periodic Patta No. 74 situated at Moran Town, A.T. Road, P.O. Moranhat, P.S. and Mouza Moran in the District of Dibrugarh, Assam together with pucca houses for a consideration of Rs.40,000.00 vide a deed of sale bearing Deed No. 5101 dtd. 14/6/1999. It is the further case of the plaintiff that the relationship between the plaintiff and her husband became very bad for which the plaintiff had filed a divorce suit on 3/8/2007 in the Court of the District Judge at Dibrugarh, Assam against her husband that is one Raj Kumar Jalan. The said divorce case was registered and numbered as T.S. (D) No. 52/2007 and on 30/6/2010 the Court of the Addl. District Judge, FTC, Dibrugarh dissolved the marriage between the plaintiff and her husband by a decree of divorce. It is further the case of the plaintiff that on 17/8/2012 at around 2 p.m.-3 p.m., the defendant No. 1 broke open the lock of the house premises of the plaintiff more fully described in Schedule A and trespassed therein and kept the house premises under his possession along with the household goods which have been most specifically described in Schedule B. Thereupon, the defendant No. 1 brought the defendant No. 2 and defendant No. 3 to the house premises and are forcefully residing thereon. The plaintiff thereupon initiated various criminal proceedings and also the instant suit seeking declaration of right, title and interest in respect to the properties described in Schedule A and B and other reliefs as already have been stated hereinabove. The specific case of the plaintiff is that the Schedule A land in respect to which the plaintiff has sought for declaration of right, title and interest as well as for recovery of khas possession is the land conveyed to the plaintiff by her father-in-law vide the Registered Deed of Sale bearing Deed No. 5101 Sl. No. 1980 dtd. 14/6/1999.