Chandrakanta Devi vs Sarwajit Saflta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Jhk) 582

GAUTAM KUMAR CHOUDHARY
Chandrakanta Devi – Appellant
Versus
Sarwajit Saflta – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Atishay Shrestha, Advocate
For the Respondent: In Person

JUDGMENT :

Gautam Kumar Choudhary, J.

1. This appeal is preferred by the plaintiff against the judgment of reversal. Plaintiff’s declaratory suit for title and recovery of possession was decreed by the learned trial Court and reversed in appeal.

2. The parties shall be referred to by their original placement in the suit and will include their legal representatives substituted at different stages.

PLAINTIFF’S CASE

3. Plaintiff is the mother and the suit has been brought against her son for the declaration of title and possession over the ground floor of a double storied building, detailed in the plaint, on the basis of a sale deed executed by her husband, and father of the defendant on 13.10.2006. After the said purchase, plaintiff got it mutated in the Anchal and is paying rent to the State.

4. The said property was self-acquired property of her husband Ganesh Prasad and was purchased by plaintiff from her own savings and stridhan property and got her name mutated in the anchal. After the said property was purchased both her sons started quarrelling with the plaintiff and consequently, the suit for declaration and recovery of possession was filed.

DEFENDANT’S CASE

5. The case of the defend