RAJKUMARI Vs. SHYAMABAI

JUDGEMENT

(1.) This appeal under Section 100 of the C.P.C. is at the instance of the plaintiff in the suit challenging the concurrent judgment of the two courts below. The trial Court by the judgment dated 15.1.2002 had dismissed the C.S. No.23-A/99 and the First Appellate Court by the judgment dated 26.9.2003 by dismissing the First Appeal No.17-A/2002 has affirmed the judgment of the trial Court.

(2.) The appellant had filed the suit for declaration and possession pleading that the suit Plot No.82-A, Nageen Nagar, Indore is of joint ownership of the appellant and the respondent no.1, since it was purchased jointly on 15.7.1986 by them by paying half-half consideration amount. It was further pleaded that the respondent no.1 without the permission and consent of the appellant, had unauthorizedly sold the half portion of the suit land to the respondent no.2 and had received the sale consideration. The respondent no.2 inspite of having the knowledge that the appellant and the respondent no.1 are the joint owner of the suit land, had purchased it and had started construction. Therefore, the present suit was filed.

(3.) The respondent no.1 by filing the written statement had pleaded that the appellant and respondent no.1 are real sisters and the name of the appellant was simply mentioned in the sale deed, whereas the entire sale consideration was paid by the respondent no.1, therefore, the question of taking consent and permission of appellant does not arise while affecting the sale of the suit land. It was further pleaded that another land in which the respondent no.1 had made investment, was sold by the appellant and, therefore, the appellant had relinquished her rights on the suit land and the respondent no.1 remained the sole owner of the suit land. It was further pleaded that the respondent no.2 after purchasing half portion of the suit land, had raised construction thereon.