BALIA, J. - (1.) THIS appeal is directed against the Judgment and decree dated 31. 3. 1990 passed by the learned Additional District Judge, Raisinghnagar whereby the plaintiff's suit for declaration and partition of the suit property was dismissed.
(2.) THE plaintiff-appellant filed a suit for declaration that she is one of the legal heir of deceased Buda Ram and Smt. Rajki Bai, her Parents and therefore, she is entitled to have 1/3rd share in their property. She has also prayed that the suit property be partitioned and she may be put in possession over her 1/3rd share. The plaintiff-appellant has averred in the plaint that her parents deceased Buda Ram and Smt. Rajki Bai had two daughters namely, plaintiff Janki Devi and defendant No. 2 Smt. Vimla Devi and one son defendant No. 1 Mani Ram. They had left behind them certain agricultural land and a residential house at Anupgarh, which is situated in Ward No. 9. Defendant-respondent No. 3 is the husband of defendant No. 2 Smt. Vimla Devi and defendants No. 4 and 5 are her sons. It has been contended that defendants No. 2, 3, 4 and 5 have started ascertaining their claim over the property in question and have also entered into the possession of the house and are adamant in not giving 1/3 rd share of the property to the plaintiff, which has necessitated the filing of the present suit for declaration, partition and possession. It has also been pleaded that in their designs, the maternal uncle of Mani Ram has hatched a conspiracy to deny the plaintiff her rightful inheritance to the estate of her parents. Defendant No. 1 Mani Ram filed a separate written statement admitting the facts about the relationship of the parties and the claim of the plaintiff in respect of inheritance to their mother Rajki Bai. He denied the claim of the plaintiff in respect of inheritance from father Buda Ram on the ground that on 26. 11. 1970, the plaintiff and defendant No. 2 Smt. Vimla Devi had relinquished their share in the property of their father in favour of defendant No. 1 Mani Ram. Even the mother of the claimants had also relinquished her share in favour of defendant No. 1 Mani Ram, in the property of her husband Buda Ram. However, defendant No. 1 Mani Ram has supported the plaintiff to the extent she claimed her share in the inheritance to the property of his mother Smt. Rajki Bai. Another written statement was filed by defendant No. 4 Om Prakash. He has alleged that so far as the interest in the property of Buda Ram is concerned, plaintiff Jankibai and defendant No. 2 Vimla Devi had relinquished their shares in the property by a registered Relinquishment Deed dated 26. 11. 1970 and, therefore, they had no share in the property of their father Buda Ram, to which they could claim. So far as the property left by Smt. Rajki Bai is concerned, it was asserted by defendant No. 4 Om Prakash that Rajki Bai had executed a Will on 22. 9. 1987 in favour of answering defendant Om Prakash and, therefore, in respect of her mother's property, plaintiff Janki Bai could not make any claim. The plaintiff-appellant filed a rejoinder and denied the existence of the Will as well as execution of any Relinquishment Deed dated 26. 11. 1970. She has pleaded that she is an illiterate house-wife and was having no doubt about the intentions of the defendants. Even if they had obtained signatures on some papers on the pretext of making applications or obtaining power of attorney and so, the same cannot be of any avail against her.
(3.) ON the pleadings of the parties, the following Issues were framed: ******* The properties over which the plaintiff has claimed her share as one of the heir of her parents are the irrigated land measuring 4 bighas and 15 biswas situated in Chak 81 GB, Tehsil Anupgarh, District Sri Ganganagar and irrigated land measuring 18 bighas in Chak 3 Tehsil Anupgarh. The property over which the plaintiff has claimed her share as one of the heir of her mother Mst. Rajki Bai is the agricultural land measuring 19 bighas and 15 biswas situated in Murabba No. 24, of Chak 18 GB and a house at Ward No. 9 Anupgarh. While deciding Issue No. 1, the trial court held that in respect of the properties left by Buda Ram and Mst. Rajki Bai, their children namely, plaintiff Mst. Janki Bai, defendant No. 2 Smt. Vimla Devi and defendant No. 1 Mani Ram are their legal heirs but since the plaintiff wants partition of agricultural land which were of the Khatedari rights of Buda Ram and Rajki Devi, the Civil Court had no jurisdiction to entertain this suit because for deciding such a question, only the revenue courts are competent to. Therefore, no relief can be granted by the Civil Court in respect of the agricultural lands. ;