MST. JALLA BANOO Vs. HABIB

JUDGEMENT

(1.) The Civil 2nd. Appeal on hand directed against the judgment of the Ist. Appellate Court in Civil Ist. Appeal dated 27.12.2002 titled Mst. Jalla Banoo v. Habib-Ullah Shora in file No. 63, stands admitted on the following substantial questions of law:-

(2.) The factual background may be noticed, in the first place.

(3.) The parties to the Appeal were married in the year 1957, and lived as husband and wife till their marriage was dissolved on 10th June, 1972. With the dissolution of their marriage a dispute arose between them as regards ownership of a plot of land plot No. 44 at Jawahar Nagar, Srinagar and residential house constructed thereon during subsistence of the marriage. The appellant on 14.06.1972 i.e. four days after marriage was dissolved, filed a civil suit at Srinagar registered as COS 42 of 1972. The appellant's case before the trial Court was that she had handed over her ornaments and cash amounting to Rs. 30,000/- to the respondent for purchase of the plot in question and construction of house thereon, and that as the respondent was reluctant to handover the Sale Deed whereby the plot was purchased, to the appellant, a suspicion had arisen that the respondent might have purchased the plot in his own name, though the consideration amount was paid by the appellant. The appellant, in the circumstances sought a declaratory decree, declaring her owner of the suit property and also a decree of perpetual injunction permanently restraining the respondent from interfering in her possession over the suit property. The respondent claiming to be owner of the suit property, disputed the claim set up by the appellant and further insisted that the Court lacked pecuniary jurisdiction to try the suit. The trial Court accepted the respondent's stand and returned the plaint on 13.09.1974, giving liberty to the appellant to present it before the competent Court.