The present appeal has been filed by the plaintiff/appellant being
aggrieved by the judgment and decree dated 13.09.2014 whereby the suit
filed by her for partition and permanent injunction was rejected.
2. On 26.03.2025, a coordinate Bench of this Court after recording that
the family members of the respondent denied to take notice on two occasions
treated her as served, thus, proceeded ex-parte against the respondent. Thus,
the present appeal is being heard finally in absence of respondent.
3. The facts of the case are that house No.338 is situated in Vivekanand
Colony, Ujjain admeasuring 1.39 Sq.Mtr. The suit property was purchased in
the joint name of plaintiff and defendant from one Kailash Singh for a sale
consideration of Rs.80,000/- vide registered sale deed dated 05.09.1984
NEUTRAL CITATION NO. 2026:MPHC-IND:12833
2 FA-1337-2014
(Exhibit P/1). Since then, the plaintiff and defendants are owners of the said
property. The same is joint property and at the time of purchase it was fully
constructed having 4 rooms, 2 kitchens and verandah. It was further averred
in the plaint that with the consent of both the parties the suit property was
rented to Montessori School in the year 1985 for the rent at the rate of
Rs.750/- per month. The rent was being received by the defendant since 1985
and no amount was paid to the plaintiff. The school continued upto the
period of May, 2002, thus, the defendant received a total rent in the amount
of Rs.1,53,000/-, however, half of the said amount was not paid to the
plaintiff. The suit property was thereafter got vacated from the tenant. It was
further averred in the plaint that some debris from the house was sold for a
consideration of Rs.70,000/-, however, plaintiff was not paid half of the said
payment. It was also averred that without taking consent from the plaintiff
the defendant has now got the house demolished and at present the suit
property is in the form of an open plot, of which there is no partition till date.
Based on these pleadings the relief of partition of one half share of the suit
property, possession thereof and permanent injunction was prayed for.
