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GOUTAM BHADURI, N. K. CHANDRAVANSHI
Rajpal Singh, S/o Late Bishen Singh Jabbal – Appellant
Versus
Surendra Kaur Gendu W/o Nirmal Singh Gendu – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. The present appeal is against the judgment and decree dated 13.09.2005 passed in Civil Suit No.35-A/2004 by the III Additional District Judge, Raipur whereby the decree was granted in favour of the plaintiff.
2. Brief facts of the case are that a Civil Suit was filed by Smt. Surendra Kaur Gendu, daughter of late Bishen Singh Jabbal, claiming 1/7th share in respect of house situated Raipur over land bearing Khasra No.31/880 to 880/3 & 877 which was shown as the suit land and the residential house. The claim was for partition, separate possession and share in the residential house to the extent of 1/7th and further claim was to have the rent to the extent of 1/7th equivalent to her share. The parties to the suit are interse related to each other. According to the plaint allegations, Bishen Singh Jabbal, the father of the plaintiff died on 14.12.1990 and after his death, Kailash Kaur, the mother defendant no.1 (since deceased) and other defendants 2 to 6 are the legal heirs. The map of the suit premises and residential house is appended to the plaint.
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