AMRITA PATHANIA Vs. SUNITA JAMWAL

JUDGEMENT

(1.) The appellant-Amrita Pathania filed a Civil suit for Permanent Prohibitory Injunction restraining the respondents and their agents from transferring and alienating portion of House No.21 A/D Gandhi Nagar, Jammu falling in their respective shares as per the Family Settlement Deed dated 19.05.2000 registered on 22.05.2000 relying on Clause 4 thereof, which for facility of reference is reproduced hereunder:-

(2.) The trial Court of First Additional Munsiff (Forest Magistrate), Jammu dismissed the appellant s Suit deciding issue No.1 against her holding that the appellant s Suit was based on no Cause of action. The appellant s Appeal against the Decree of the trial Court too was dismissed by the Additional District Judge, Jammu additionally holding that Clause 4 appearing in the Settlement Deed, relied upon by the appellant, being hit by the provisions of Section 23 of the Contract Act, the appellant s Suit was not maintainable.

(3.) The appellant has filed this Civil Second Appeal questioning the dismissal of her Suit.