KANA RAM Vs. SMT. KISTURI DEVI

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE appellant is aggrieved against the concurrent finding of fact recorded by two Courts below in a suit filed by none else than the appellant's own wife respondents wherein the respondents submitted that she has half share in the suit property and the Courts below declared her half share as she claimed.

(3.) LEARNED Counsel for the appellant vehemently submitted that the plaintiff, claiming herself to be co -owner of the property, has filed the suit for mere partition and in that, the trial Court decreed the suit for specific portion. It is also submitted that it was not a suit for possession which is apparent from the plaint and it is also clear from the record that the appellant has not paid the Court fees on the basis of her claim for declaration of her ownership right on the property in dispute not she claimed possession of specific portion of the property by paying Court fees.