DEEPAK GUPTA, J.

This appeal filed by the plaintiff of the case is against the concurrent findings of the Courts below, whereby her suit for declaration and permanent injunction, regarding property in dispute, was dismissed. To avoid confusion, the parties shall be referred as per their status before Ld. trial Court.

2. (a) The facts of the case, in brief, as pleaded by the plaintiff- appellant are that her marriage with Major Rasan Sheel was performed in the year 1946. Three sons were born out of this marriage. As Major Rasan Sheel developed extra marital relationship with another woman, a mutual settlement was executed on 4.05.1972 between plaintiff and her husband, as per which plaintiff was to reside separately along with her sons. The suit property was given to her. Major Rasan Sheel also assured to pay ?350/- per month for her maintenance. This agreement resulted into ex parte decree of divorce dated 26.04.1974. Major Rasan Sheel then re-married one Kamla Chatterjee. In 1979, Major Rasan Sheel came back to Yamuna Nagar along with his second wife and threatened to dispossess the plaintiff from the suit property, which compelled her to file a civil suit No.194/1979 for permanent