MAMTA GODARA Vs. PREMA RAM

JUDGEMENT

(1.) This revision petition is directed against the order dated 6.2.2020 passed by Senior Civil Judge, Didwana, whereby, the application filed by the petitioner under Order VII Rule 11 CPC has been rejected.

(2.) The suit was filed by the plaintiff - respondent inter alia for cancellation of the sale deed dated 1.12.2017 to the extent of his share, declaration, permanent injunction and partition.

(3.) It was inter alia claimed in the plaint that the property was purchased on 17.5.1982 in the name of defendant No.1 while the parties were in joint family and that the same was purchased out of joint family funds. The properties were partitioned on 23.2.1984, however, as the property in question was purchased on17.5.1982 in the name of defendant No.1, who was Karta Khandan (drkZ [kkunku) and sale deed was executed on 1.12.2017, wherein, the share of the plaintiff was also transferred, the same to the extent of plaintiff's share was void. Submissions were also made that by way of partition, which has already entered into between the parties, the property indicated in Schedule-A came to the share of the plaintiff. Based on the said submissions, relief was sought for cancellation of the sale deed, declaration and permanent injunction.