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VIVEK RUSIA
Vikram Singh – Appellant
Versus
Anil Kumar – Respondent
The conclusion of the case is that the court has set aside the order of the lower court and allowed the revision petition filed by the defendant. The court held that the suit filed by the plaintiffs for declaration, partition, and permanent injunction is not maintainable because the plaintiffs, being the son and daughter of the defendant, do not have the right to claim partition or share in the ancestral property during the lifetime of the Bhumiswami (owner). The court emphasized that under relevant property laws, the interest of the Bhumiswami devolves upon his heirs only upon his death, and since the defendant is still alive, the plaintiffs' claim for partition during his lifetime is not valid. Therefore, the suit was dismissed as not maintainable, and the order rejecting the defendant’s application under Order 7 Rule 11 of the Civil Procedure Code was reversed.
1. The defendant has filed the present civil revision being aggrieved by the order dated 24.1.2017 by which, the learned Civil Judge, Class-II, Jaora, District Ratlam has rejected his application under Order 7 rule 11 of CPC.
2. The respondents No.1 to 4 filed the suit for declaration, partition and permanent injunction against the present applicant. The plaintiffs No.1 and 2 are real brother and plaintiff No.3 is sister and plaintiff No.4 is their mother. The defendant No.1 is father of plaintiffs No.1 and 2 and husband of defendant No.4 and all of them belongs to Hindu religion and governed by Hindu Law. The agriculture land of various survey numbers mentioned in para 2 of the plaint is recorded in the name of defendant No.1 being an ancestral property. The applicant/defendant No.1 got the suit properties from his father. According the plaintiffs, the defendant No.1 without partition of the property has sold the land bearing Survey No.255/2 area 0.454 are by registered sale deed to Bhanwarkunwar Bai. The defendant No.1 is having only 1/5th share in entire ancestral property, therefore, they are co-owner of the ancestral property and having 4/5-4/5 share each and entitled to g
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