SHYAM KATHPAL Vs. SWARNAKANTA SHARMA

JUDGEMENT

(1.) Legality and propriety of the order dated 23-4-2010 passed by the first Civil Judge Class II, Raipur in Civil Suit No. 34-A/2010 whereby an application preferred by the respondent No. 1/plaintiff under Order 6 Rule 17 of Code of Civil Procedure has been allowed is under assail in the instant petition preferred by the defendants.

(2.) On 20-12-2007 plaintiff instituted a suit for declaration of title based on adverse possession, injunction to restrain defendants from interfering his possession over the suit property inter alia on the following pleading :-

(3.) The plaintiffs mother Late Shantidevi Sharma entered into agreement of sale of the suit property with the defendant No. 1 on 8-8-1987 for a consideration of Rs. 10,000/-. The entire sale consideration was paid by her till 4-5-2005. She also obtained its possession. Plaintiff is paying its municipal tax. Earlier defendant No. 1 instituted a suit for eviction of plaintiffs mother from the suit property bearing Civil Suit No. 441-A/2002. Later, on 4-5-2005 as per compromise the above suit was withdrawn and defendant agreed to execute the sale deed regarding suit property in her favour. Smt. Shantidevi Sharma died on 11-10-2007. After her demise, the defendant No. 1 assured plaintiff for execution of sale deed but did not execute the same. On 4-12-2007, the defendant No. 2 entered in the suit property for unauthorized construction. The matter was reported to Police Station, Pandri, Raipur. It appears, in connivance with Bhumafia, the defendants want to dispossess plaintiff in order to sell the same to defendant No. 2. The plaintiff is in possession of the suit property in pursuance of sale agreement dated 8-8-87 and also defendant is bound to execute the sale deed based on compromise dated 4-5-2005. The plaintiff is in continuous possession of the suit land for the last 20 year's and the defendants have no right to dispossess her.