MT PARBHA Vs. LALA SURAJ BHAN

JUDGEMENT

(1.) This is a plaintiff's appeal against an order of the Subordinate Judge of Saharanpur directing that the plaint in the suit in which the order has been passed should be returned to the plaintiff for presentation in the Court of the Munsif.

(2.) In the plaint the plaintiff prayed for a decree for absolute possession on the dispossession of the defendants and removal of their appropriations in respect of property mentioned in Schedule (B) and for a decree of joint possession in respect of property mentioned in Schedule (C). The plaintiff further claimed a number of minor reliefs. She claimed alternatively: If for any reason the defendants may consider that they would not get their full half-share by separate possession, then the Haweli mentioned in list (A) may be caused to be partitioned through the Court Amin and separate possession over half the partitioned share may be awarded. This relief is laid at Rs. 10,000.

(3.) The property in question was at one time the joint property of a Hindu family. It was partitioned some considerable time abo, one-half going to the predecessors of the plaintiff and one-half to the predecessors of the defendants. A certain proportion of the property was retained in common.