PADMA DEVI Vs. SOMA DEVI

JUDGEMENT

(1.) BRIEFLY stated the facts of the case are that the respondent (hereinafter referred to as the 'plaintiff ') filed a suit against the defendants for declaration and consequential relief of injunction. The plaintiff claimed that she was owner in possession of the suit property measuring 6 biswas situate in Phati Dhalpur, Kothi Maharaja, Tehsil and District Kullu and two storeyed house built thereon to the extent of 1/3rd share.

(2.) THE undisputed facts of the case are that this property was owned by Sh. Swaru, father of the plaintiff and the plaintiff used to reside in the house situated over the suit property with her father. Sh. Swaru Ram unfortunately died. Sh. Swaru was survived by his widow Smt. Besru, the plaintiff Soma Devi and her brother and each got l/3rd share in the property. Smt. Besru expired later on and the plaintiff and her brother remained in the care and custody of Sh. Puran Chand, defendant No. 1 who is their uncle. The plaintiff got married sometime in the month of February, 1992. According to the plaintiff, she was a minor at that time but according to the defendants, she was a major but that does not have much bearing on the case.

(3.) IN March 1997, the plaintiff expressed her desire to reside in the suit property along with her husband and children since she wanted to admit her children in a better school. Again defendant No. 1 advised her to educate her children in the village itself. The defendant No.l was in a position to dominate the mind of the plaintiff since he had brought her up.