ASHA DEVI Vs. PREM SINGH

JUDGEMENT

(1.) This regular second appeal stands filed under Sec. 100 of the Code of Civil Procedure . Concurrent findings of fact are challenged by the plaintiff.

(2.) Smt. Asha Devi (plaintiff) filed a suit for declaration against Sh. Prem Singh (defendant No. 1) and her husband Sh. Jagdish Chand (defendant No. 2). On 2.6.2006 defendant No. 2 executed deed of relinquishment with respect to the suit land, in favour of defendant No. 1. Plaintiff challenged the same, seeking declaration to the effect that the said deed of relinquishment is forged, fraudulent and allegedly executed only to defeat her legitimate claim as defendant No. 2 is duty bound to maintain her, being his wife. In response, defendants resisted the suit, inter alia, stating that defendant No. 2 being a retired Government employee was in a position to satisfy the order of maintenance so granted by the Court, in favour of the plaintiff. Maintenance is fixed @ Rs. 2500.00 per month.

(3.) Based on the pleadings of the parties, trial Court framed the following issues:-