SURASWATI DEVI Vs. PURANRAM AND ORS.

JUDGEMENT

(1.) This appeal has been filed by appellant being aggrieved with the order dt. 22.09.2015 passed by Additional District Judge No. 2, Hanumangarh (for short 'the trial Court' hereinafter) in Civil Misc. Case No. 61/2012, whereby the trial Court has rejected the application filed by the appellant under Order 39 Rule 1 and 2 CPC with a prayer for restraining the respondents from alienating the agricultural lands situated in Chak No. 17 MJD and Chak No. 19 MJD, Tehsil Sangaria, District Hanumangarh. The appellant has filed a suit for declaration and permanent injunction before the trial Court and along with the said suit, an application under Order 39 Rule 1 and 2 CPC is also filed.

(2.) The trial Court after taking into consideration the arguments advanced by the counsel for the parties before it has observed that the agricultural field situated in Chak No. 17 MJD, Tehsil Sangaria was Khatedari land of deceased Shakuntala Devi and prima facie the appellant has failed to show any right over the said land. So far as agricultural land of Chak No. 19 MJD of Tehsil Sangaria is concerned, the learned trial Court has held that the husband of the appellant is still alive and during his life time, the appellant has no right to claim partition in the land recorded in the name of her husband.

(3.) Having considered the arguments of the learned counsel for the parties and after perusing the impugned order, this Court is also of the opinion that when the land of Chak No. 17 MJD is recorded in the name of deceased Shakuntala in the revenue record, prima facie it cannot be held that the appellant has any right in the said property. Similarly, when respondent No. 1 -husband of the appellant is still alive, the appellant cannot claim partition of the land recorded in the name of her husband during his life time and, therefore, the trial Court has not committed any illegality in rejecting the application for temporary injunction preferred on behalf of the appellant. Resultantly, I do not find any merit in this appeal and the same is hereby dismissed.