Judgment

Date of Judgment 22/01/2025 The civil first appeal has been filed by the defendant-

appellant (for short ‘the defendant’) against the judgment and decree dated 14.09.2005 passed by the Additional District Judge (Fast Track) No.2, Jaipur, District Jaipur (for short ‘the trial court’), whereby the suit filed by the plaintiff-respondent(for short ‘the plaintiff’) for declaration and permanent injunction has been decreed in her favour.

Brief facts of the case are that the plaintiff filed a suit against the defendant for declaration and permanent injunction to the effect that the disputed land belongs to Khatedari of Shri Rampratap @ Pratap S/o Balu as mentioned in Para No.1 of the plaint. Ram Pratap died after coming into force of the Hindu Succession Act, 1956. So, Shri Kesra and Smt. Nathi were having equal shares in the land of Shri Ram Pratap. On 11.06.1963, mutation was entered in the name of Kesra for the entire land, which was contrary to law. Smt. Nathi was entitled for half share in the disputed land. Smt. Nathi had died on 21.02.1999. After death of Smt. Nathi, plaintiff-Smt. Soni is entitled for half share in the disputed land. In the half share of the disputed land o