KUSUM Vs. MOOLCHAND S/O LATE SHANKARLAL AND OTHERS
HIGH COURT OF MADHYA PRADESH
Moolchand S/O Late Shankarlal And Others
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Vivek Rusia, J. -
(1.) The appellant/plaintiff has filed the present appeal being aggrieved by judgment and decree dated 11.12.2015 passed in Civil Suit No.45-A of 2013 by IVth Civil Judge, Class-II, Mhow, District Indore and judgment and decree dated 26.04.2017 passed in Civil Regular Appeal No.16-A of 2016 by IIIrd Additional District Judge, Mhow by which civil suit as well as first appeal both have been dismissed.
(2.) The plaintiff filed the suit for declaration, partition and permanent injunction in respect of agricultural land having Survey Nos.135/4, 136, 137/2, 138 and 139/3, total area 2.376 hectares of Village Mhowgaon, Tehsuil Mhow, District Indore [hereinafter referred to as "the suit property"]. According to the plaintiff the entire suit property is a property of joint hindu family of the defendant Nos.1 to 4. The defendant No.1 vide order dated 23.11.1991 had received the property being head of the joint hindu family. Accordingly the plaintiff being a daughter she is having 1/5th share in the suit property, hence the plaintiff filed the suit seeking permanent injunction to the effect that the defendants be restrained not to alienate or transfer the suit property.
(3.) After notice, the defendant Nos.1 to 4 filed the written-statement by submitting that the marriage of the plaintiff had been solemnized 40 years back and now she is not a family member and during life time of defendant No.1, the plaintiff and the defendant Nos.2 to 4 are not having any right and title in the suit property.;
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