SALOCHNA Vs. GIAN DEVI

JUDGEMENT

(1.) THIS is plaintiff's appeal filed under Section 100 of the Code of Civil Procedure, 1908 challenging concurrent findings of fact recorded by both the Courts below holding that the judgement and decree dated 3.1.1986 passed in Civil Suit No.606 of 1985 does not suffer from any illegality especially when the vendor defendantrespondent no.2 is alive. It has further been held that during the life-time of defendantrespondent no.2, the plaintiff- appellant has no locus standi to institute the suit and she cannot claim to have any pre-existing right in the suit property. The females are not considered as members of the coparcenary. It has further been held that on account of the absence of any male descendant, defendant- respondent no.2 has been considered to be absolute owner. There is no complaint of fraud by the defendant- respondent no.1 with defendant- respondent no.2. The plea of registration can also not be raised by the plaintiff- appellant because he has been held to have no locus standi. Having heard the learned counsel at some length I am of the considered view that no question of law warranting admission of the appeal would arise nor any such RSA 4137 of 2003 .2. question has been raised. There are pure findings of fact recorded by both the Courts below. The plaintiff-appellant happens to be the daughter of defendant- respondent no.2 who had suffered a decree in favour of his other daughter defendant- respondent no.1. The appeal is wholly without merit. Dismissed. (M.M.Kumar) 7.3.2006 Judge