VIRENDER KUMAR JAIN AND OTHERS Vs. SANGEETA JAIN

JUDGEMENT

(1.) THIS regular second appeal by defendants is directed against the judgment and decree dated 03.02.2011 passed by learned Civil Judge (Jr. Divn.), Karnal whereby suit for partition filed by respondent -plaintiff has been decreed and against the judgment and decree dated 12.03.2014 passed by learned Additional District Judge, Karnal whereby appeal preferred by the appellants -defendants has been dismissed.

(2.) FOR convenience sake, hereinafter, reference to parties is being made as per their status in civil suit.

(3.) UPON notice, the defendants resisted the suit and filed joint written statement taking various preliminary objections. It was pleaded that father of the plaintiff had constituted a joint Hindu family with his sons. The suit properties detailed in para no. 4(i) and (ii) of the plaint were inherited by the said Vijay Kumar from his father namely Sita Ram and as such these two properties were the joint Hindu family properties in the hands of Vijay Kumar Jain. The suit property mentioned in para no. 4(iii) of the plaint was purchased by defendants no. 1 and 2 in the name of their mother, Smt. Sumitra Jain. The suit property detailed in para no. 4(iv) of the plaint was also purchased by defendants no. 1 and 2 in the name of their mother. It was further pleaded that a family settlement was arrived at between the legal heirs of said Vijay Kumar after his death and it was resolved that Smt. Sumitra Devi would be the owner of the suit properties detailed in para no. 4(i) and (ii) of plaint during her life -time and after the death of Smt. Sumitra, the above mentioned properties would pass on to defendants no. 1 and 2 in equal shares as absolute owners. In pursuance of said family settlement, defendants no. 1 and 2 had also suffered a civil court decree with regard to suit properties detailed in para no. 4(i) and (ii) of plaint. It was further pleaded that family settlement -cum -arrangement was also arrived at between the parties after the death of Smt. Sumitra Devi in which the entire jewellery of Smt. Sumitra Devi was given to the plaintiff and she relinquished her alleged claim in the suit properties in favour of defendants. The plaintiff in furtherance of said family settlement also swore an affidavit on 05.09.2002 stating that she would have no objection if the property which stood in the name of her mother be transferred in the name of defendants no. 1 and 2 in the municipal records. Other averments in plaint were denied and dismissal of suit was prayed for.