LAXMI DEVI Vs. MALTI DEVI

JUDGEMENT

(1.) THIS second appeal has been filed by defendant No. 2 -respondent -appellant against the judgment and decree of the learned court of appeal below. This matter arises out of Title Suit No. 39 of 1972 (29 of 1974) (4 of 1978) which was filed by the sole plaintiff -appellant -respondent No. 1 on 5.2.1972 for declaration that the registered sale deed dated 3.9.1966 (Ext. C) executed by the plaintiff in favour of defendant No. 2 was forged, fabricated and not binding upon the plaintiff and also for partition of her 1/5th share in the suit properties detailed in Schedule -ll of the plaint and also for mesne profit, etc.

(2.) THE claim of the plaintiff was that Schedule -I land was joint family property of plaintiff and defendants and defendant No. 2 wanted the plaintiff to sell her share in it but she refused. It was also claimed that sometimes in January, 1972 she came to know from Sukhdeo Prasad that defendant No. 2 was claiming Schedule -ll lands on the basis of a registered sale deed dated 3.9.1966 alleged to have been executed by the plaintiff in favour of defendant No. 2, although the plaintiff had never executed any such document which was forged, fabricated and without consideration. The plaintiff further claimed that she had never taken any permission to sell the land from the authority concerned, although consolidation proceeding was going on. It was also claimed that plaintiff was feeling difficulty in joint possession of the ancestral property and hence she sought partition, which was refused by defendants.

(3.) ON the basis of the respective pleadings of the parties to the suit, the learned trial court framed the following issues: -