PSN V. BNO, RATILAL GOSAR DODHIA, VIPUL RATILAL & AVIR KANTI SHAH

JUDGMENT OF THE COURT

[1] This appeal arises from an application in a suit that was filed by the appellant PSN in ELC No. 136 of 2014. The subject of the appellant’s suit was a property known as Kitale Municipality[Particulars Withheld] (herein the suit property). The appellant claimed that she was married to one BNO (B), and that the suit property was acquired jointly with her spouse during the subsistence of the marriage. The appellant was aggrieved because B had secretly and fraudulently entered into an agreement to sell the suit property to the 2^nd, 3^rd and 4^th respondents without taking into account her interests in the suit property.

[2] The appellant sought declaratory orders that the transfer of the lease in the suit property from B to Ratilal Gosar Dodhia, Vipul Ratilal and Avil Kanti Shah (2^nd, 3^rd and 4^th respondents), is unlawful. The appellant also sought cancellation of the 2^nd, 3^rd and 4^th respondents lease in the suit property and an order for the same to be reinstated t…