MT RAM DEVI Vs. BADLU RAM

JUDGEMENT

(1.) This is an application for leave to appeal to His Majesty in Council under Section 110, Civil P.C. on the ground that the decree of this Court involves, "directly or indirectly, some claim or question to or respecting property" of the value of Rs. 10,000 or even upwards. The facts, which are, for the purposes of this application, not in dispute, are briefly these.

(2.) The applicant, Mt. Ram Devi, brought a suit for a declaration that she was the sole owner of a certain enclosure and the defendants were not entitled to proceed against it in execution of the decree in Suit No. 183 of 1938, Badlu Ram V/s. Mool Chand and of the decree in Suit No, 4336 of 1934 of the Court of Small Causes at Cawnpore nor in the execution case No 205 of 1937, passed by the Munsif of Cawnpore, in the suit brought by Ambey Prasad against her husband, Mool Chand. There was a further prayer that defendant 2, Mool Chand, be restrained from realising the rents from the tenants of the said enclosure. Her case, in substance, was that she was the owner of the property and not her husband, who had no right to deal with it. The value of the subject-matter of the suit, for the purposes of jurisdiction, was laid at Rs. 17,500 and the same was the value for the purposes of court-fee.

(3.) Mool Chand entered no defence. Badlu Ram and Ambey Prasad raised a defence which was, in substance, identical. They pleaded that the property belonged to Mool Chand and not the plaintiff, who was his wife. Various other defences were raised, which are not germane to the present application.