CHANDI RAM Vs. SHANKUNTLA DEVI

JUDGEMENT

(1.) As per the pleadings, the disputed property measuring 1 kanal 0 marla Gair Mumkin land consisting of four shops, three rooms, one door, baithak, kitchen etc. was owned by Kalawati, Sajjan Singh, Sheelo, Savitri and plaintiff-Shankuntla to the extent of 1/5th share each. According to the plaintiff-respondent, all others shareholders except her have sold the property to the defendant vide sale deed No.4488 dated 15.3.2005 and she was the still owner of her share to the 4 marlas of land in the disputed property. Thus, she filed the suit for partition of the suit property.

(2.) The suit was contested by the appellant raising various preliminary objections. On merits, it was alleged that the entire suit property (including the share of plaintiff-respondent) was sold by all the five co-sharers. However, the sale deed was executed only with regard to 4/5th share. It is the further case of the appellant that the agreement to sell was entered into on behalf of plaintiff through her mother on 15.3.2005 in which the entire sale consideration was paid. It was agreed that the sale deed will be executed as and when the plaintiff maintains majority. The mother of the plaintiff further took Rs. 35,000/- from the defendant on the pretext of executing the sale deed but nothing was done. Thus, dismissal of the suit was prayed for.

(3.) From the pleadings of the parties, the following issues were framed:-