LAJWANTI Vs. PAWAN KUMAR AND OTHERS

JUDGEMENT

(1.) The present second appeal had been filed by the plaintiff challenging the judgment and decree passed by the lower Appellate Court; whereby the suit filed by the plaintiff was ordered to be dismissed; by reversing the judgment and decree passed by the Trial Court. It deserves mention here that after filing of the appeal; the plaintiff had expired and the sons of the defendant No. 1 in the plaint filed by Lajwanti had got themselves impleaded as legal representatives of the plaintiff; for the purpose of the present appeal. Hence they are contesting the present appeal.

(2.) For the convenience, the parties herein would be referred as the plaintiff and the defendant as they were described in the original suit.

(3.) The brief facts of the case are that the plaintiff Lajwanti wife of Sagar Chand filed a suit for partition claiming 2/7th share in the estate left by Sagar Chand on the basis of natural succession. It was claimed in the plaint that the said Sagar Chand was the owner of the suit property fully described in the head note of the plaint. The construction of the suit property; was raised by Sagar Chand himself. Sagar Chand died on 12.02.1990 leaving behind the plaintiff and the defendants as his widow and the sons, besides daughters. It was claimed by the plaintiff that the alleged Will dated 02.12.1989 is forged and fabricated document. The said Sagar Chand, husband of the plaintiff, died intestate. It was further claimed that the properties mentioned at Sr.No. A and C are the commercial properties and the rent thereof, is being collected by defendants No. 1 & 2; and the plaintiff is not getting anything from rental income from the commercial properties involved in the suit; whereas she is entitled to 2/7 th share of the rental income. It was further claimed that defendants No. 1 and 2 were asked many times to effect the amicable partition of the suit property. However, they refused, hence the suit was filed.