CHINTA DEVI Vs. MEENA DEVI

JUDGEMENT

(1.) Plaintiff Smt. Chinta Devi is in appeal against the judgment dated 26.12.2002 passed by learned District Judge, Mandi in Civil Appeal No. 16/2000 remanding the case to the trial Court for fresh decision. The parties are referred in the same manner as in the trial Court.

(2.) The facts of the case, in brief, are that plaintiff filed a suit for partition regarding land comprised in Khewat Khatauni No. 74/83, Khasra No. 86, measuring, 25 -11 -7 Bighasa situated in Mauza Samlehar, District Mandi, H.P. claiming one third share in the suit property. It has been alleged that there is a house consisting of three rooms situate on the suit land denoted by Khasra No.86/1 which was also constructed by one Chetu, predecessor in interest of the parties. She has claimed one third share in the land as well as in the house. It has been alleged that defendant No.2 is stated to have executed relinquishment deed of her share in favour of defendant No.1 which is wrong and illegal. On these facts, plaintiff filed a suit for separating her one third share in the suit property.

(3.) The suit has been contested by defendants by filing written statement and they have taken the plea that plaintiff has no locus standi to challenge the relinquishment deed. There is another building near the house stated in the plaint and that building has not been included in the suit, therefore, suit is for partial partition and is not maintainable. It has been admitted that suit land and house situated on the suit land is joint of the parties and each having one third share in it. The defendant No.2 has relinquished her share in the favour of defendant No1 and, therefore, defendant No.1 has two third share and plaintiff has one third share in the entire property. It has also been pleaded that suit has been properly valued for the purposes of Court fee and jurisdiction.