PREM LAT PARIHAR Vs. R L PARIHAR

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This appeal is directed against the judgment of the learned single Judge dated 11th May, 2001 rendered in S. B. Civil Misc. Appeal No. 703/2000.

(3.) This appeal has arisen raising a question of jurisdiction of the District Judge to entertain the application/suit for injunction filed by the present appellant against her father and brothers. The appellant, who is unmarried daughter of respondent No. 1 R.L. Parihar and sister of respondent No. S Pratap Singh and respondent No. 3 Shiv Rain Singh, filed the application seeking injunction to restrain them for interfering her right to reside in ancestral property held by the defendants-respondents. Though, it was captioned as applications u/S. 3 read with Section 20 (3), 23 and 18 of Hindu Adoptions . and Maintenance Act, 1956 (in short "the Act of 1956"), the application, read as a whole, relates claim of the appellant to her right to reside in the ancestral property, for the time being, held by her father. Undoubtedly, she has referred to In her application that she has right to claim maintenance against her father u/Ss. 18, 23 and 20 (3) of the Act of 1956, but has also specifically stated in Para 12 that she is capable of maintaining herself and she is not making this claim to enforce her right of maintenance. Therefore, one cannot be guided merely by the cause title of the application to decide the nature of relief claimed by the appellant, to decide whether it fell within the exclusive Jurisdiction of the Family Court or was triable by ordinary Civil Court.