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G.S.AHLUWALIA
Karelal – Appellant
Versus
Gyanbai widow of Keshari Singh – Respondent
Key Points: - The court held that a suit for declaration of title and permanent injunction by a co-sharer against other co-sharers without seeking the further relief of partition is maintainable under Section 34 and 42 of the Specific Relief Act. (!) - The judgment affirms that such declaratory suit is maintainable and that consequences or assertion of co-sharer rights can be declared with permanent injunction without necessarily seeking partition. (!) (!) (!) - The decision discusses Section 178 of the M.P. Land Revenue Code, explaining that co-sharers who have obtained a declaration of title may file for partition with revenue authorities, and that partition can be effected by the Tahsildar, but absence of partition relief does not render a declaratory suit non-maintainable. (!) (!) (!)
This common judgment shall dispose of both the Second Appeal Nos. 436/2002 and 434/2002.
2. These appeals have been filed against the judgment and decree dated 01.08.2002 passed by Additional Sessions Judge, Ganj Basoda District Vidisha in Civil Appeal No. 6-A/2002 and Civil Appeal No. 8-A/2002, by which the appeal filed by appellants Karelal and others was dismissed by the Appellate Court, whereas the appeal filed by respondent No. 1 Gyanbai was allowed by the Appellate Court.
3. The necessary facts for the disposal of the present appeals, in short, are that the respondents namely Gyanbai, Rekhabai, Gayatribai and Rajbai filed a suit for declaration of title and permanent injunction on the ground that joint Hindu Family Properly of the plaintiffs and the defendants is situated in village Pawai Tahsil Basoda District Vidisha, which includes Khasra Nos. 46, 70, 100, 101, 123, 152, 213, 215, 242, 256, 257, 258, 277, 278, 279, 286, 306, 333, 335, 336, 338, 339, 340, 342, 349, 343, 457, ad-measuring area 22.616 hectares, in which the defendant No. 1 Narayan Singh and defendant No. 2 Karelal have equal share. It was further pleaded that on 18.06.1997, the plaintiffs obtained the
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