JARNAIL SINGH Vs. MOHINDER KAUR

JUDGEMENT

(1.) This is defendant's regular second appeal.

(2.) Plaintiff filed a suit for possession of 1/2 share of house as detailed and described in the heading of the plaint against the defendant. Briefly stated, the case of the plaintiff is that a decree for joint possession of the house was passed by the Sub Judge in civil suit titled Mohinder Kaur v. Jarnail Singh on 1.9.1983. In pursuance to the said decree, joint possession was given to the plaintiff and the execution application has been filed as satisfied on 20.10.1984 and so the plaintiff is now entitled to actual physical possession of her 1/2 share of the house shown in the plan, which the defendant has declined to concede. Hence, the present suit.

(3.) Defendant put in appearance, filed written statement and took the preliminary objection that the suit is not maintainable in the present form; that the claim of th plaintiff for partition of the suit property is not tenable; that the suit is barred under section 23 of the Hindu Succession Act, 1956 ; that the suit is based on decree dated 1.9.1982 which is illegal, void, inexecutable etc.