Btaso Bai vs Kishan Devi - 2021 Supreme(MP) 195

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(MP) 195

RAJEEV KUMAR SHRIVASTAVA
Btaso Bai – Appellant
Versus
Kishan Devi – Respondent

Advocates:
Advocate Appeared:
For the Appellant : N.K. Gupta, Learned Senior Counsel and Ravi Gupta.

ORDER :

Rajeev Kumar Shrivastava, J.

1. The order dated 22/1/2021 passed by Civil Judge Class-I, Goliad, District Bhind in Civil Suit No. 56A/2020, has been called in question by way of present revision, whereby the court below has dismissed the application under Order 7 Rule 11 CPC filed by the present petitioner/defendant.

2. Briefly stated facts of the case are that respondent No. 1/plaintiff filed a suit for declaration of right, permanent injunction and partition in which it is prayed that the sale deed dated 26/6/2009 be declared null and void. It is pleaded by the plaintiff in the suit that Tularam was the owner of the disputed property. After his death, share of respondent No. 1/plaintiff was recorded in the revenue record as 1/5th along with other legal heirs of Tularam. Thereafter, Bithala Bai died in the year 2017. It is further pleaded in the plaint that respondent No. 1/plaintiff is residing in her in-laws house and was getting the land cultivated through son of petitioner/defendant No. 1 but since year 2017, benefit of crop was not given to the plaintiff. When the plaintiff contacted the patwari, it came to her knowledge that the name of respondent No. 1/plaintiff is not

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