MEENA RANI Vs. SHANTI DEVI AND ANOTHER

JUDGEMENT

(1.) Plaintiff filed a suit seeking partition and separate possession of 3/8 th share in the suit property marked ABCD in the site plan attached with the plaint. She also sought for permanent injunction as against the defendants from alienating the suit property in any manner and also from raising any construction over the same.

(2.) Both the Courts below decreed the suit as prayed for and as a result thereof, non-suited the unsuccessful defendants.

(3.) It is the contention of the plaintiff that she is co-owner in possession of the suit property along with defendant No.1, having 3/8 th share each. 1 st defendant alienated the entire property to the 2 nd defendant illegally vide sale-deed dated 19.11.1996 though the plaintiff has half share therein being the mother of Satish in whose name she got the sale-deed registered qua 3/4 th share. Plaintiff challenged the said sale-deed dated 19.11.1996 executed by the 1 st defendant in favour of 2 nd defendant qua her share in the property. The above sale-deed qua the share of the 2 nd defendant was set aside by the first appellate Court and also by our High Court. Therefore, she has sought for the aforesaid relief.