DURGESH KANWAR Vs. UDAI SINGH

JUDGEMENT

(1.) This civil second appeal is preferred against the judgment and decree dtd. 6/1/2018 passed by the learned Additional District Judge No.20, Jaipur Metropolitan, Heaquarter Chomu (for brevity, "the learned Appellate Court") in Civil Regular Appeal No.2/2017 whereby, while dismissing the appeal preferred by the appellant-plaintiff (for brevity, "the plaintiff"), the judgment and decree dtd. 17/3/2017 passed by the learned Additional Civil Judge No.25, Chomu, Jaipur Metropolitan, Jaipur (for brevity, "the learned trial Court") dismissing the Civil Suit No.198/2008 for declaration and permanent injunction, have been upheld.

(2.) The relevant facts in brief are that the plaintiff filed a suit for declaration and permanent injunction against the respondents/defendants (for brevity, "the defendant") stating therein that she and the defendants no.1, 2, 5 to 12 are family members. It was averred that she has 1/9th share in the subject agricultural land, the self acquired property of her father Late Bhanwar Singh. It was alleged that the defendants no. 1 & 2, who are her nephews, have fraudulently got executed a relinquishment deed dtd. 22/10/2008 regarding her entire 1/9th share in their favour; whereas, she intended to relinquish only 1/36th share in their favour and 3/36th share in favour of the defendants no. 6 to 8. Alleging that the aforesaid release deed was null and void to the extent of her 3/36th share in the subject property, the decree as aforesaid was prayed for.

(3.) The defendants no. 1, 2 and 12 in their joint written statement, denied the averements made in the plaint.