SARASWATI DEVI Vs. KAILASH CHAND JAIN

JUDGEMENT

(1.) BY way of this transfer petition, the defendant-petitioner seeks transfer of civil suit for perpetual injunction as filed by the plaintiff-non-petitioner (C. O. No. 85/2004 (56/2005)] from the Court of Additional Civil Judge (Senior Division), Jalore to the Court of Civil Judge (Senior Division), Churu.

(2.) THE petitioner has averred in the transfer petition that she is 77 years old widowed infirm lady short of sight; that because of threats and harassments by her alleged adopted son (the non- petitioner) and his natural father (brother of the petitioner's deceased husband) and for no source of maintenance being available, leaving her native place of Jalore she is residing with her brothers at Sardar Shahar District Churu; that she has no natural born son and her two married daughters are living at Chennai and Jaipur; that her husband's brother, taking undue advantage of her helplessness and in a deceitful manner, got executed a document as if his natural born son Kailash Chand (the non-petitioner) was taken in adoption by the petitioner; that her husband's brother and his son have sold one house left by her husband and in order to deprive her of the remaining house situated at Pura Mohalla (Jalore) a civil suit has been filed that is pending in the Court of Additional Civil Judge (Senior Division), Jalore (C. O. No. 56/2005 ).

(3.) HAVING given a thoughtful consideration to the rival submissions and having perused the relevant material including the copy of plaint and written statement with counter claim, this Court is unable to find any reason to consider transfer of the civil suit for perpetual injunction as filed by the non- petitioner.