DILIP KUMAR MAHOBIA Vs. SMT. SUMITRA RANI BAGGA

JUDGEMENT

(1.) The instant appeal is against the judgment and decree dtd. 26/11/2014 passed by the learned II Additional Judge, Mahasamund in Civil Suit No.12-A/2014 whereby the ejectment decree has been passed over a part of land bearing Khasra No.1190/2/41/1 to the extent of 375 sqft by holding that the plaintiff is entitled to get the possession of the said part of land. Hence the appeal is by the defendants.

(2.) Brief facts of the case are that Sunderlal and Pannalal both were real brothers. The defendants Dilip Kumar Mahobia, Khilawan @ Munna Mahobia (appellants herein) are sons of Pannalal. According to the defendants, though the suit property bearing Kh.No. 1190/2/41/1 ad-measuring 375 sqft, which is a part of total land of 3,000 sqft was purchased from Ishak Ali in 1969 and the said property stands recorded in the name of Sunderlal in revenue records but claim of appellants was that half of sale consideration was paid by their father Pannalal, as such, they are co-owners. The present dispute started after legal heirs of Sunderlal, in whose name the property was purchased, sold a part of land bearing Kh.No. 1190/2/41/1 to the extent of 375 sqft to the plaintiff Smt. Sumitra Rani Bagga on 9/9/2008. Thereafter, the purchaser Sumitra Rani filed a suit for ejectment on the ground that she is a bona fide purchaser.

(3.) In defence, the appellants contended that the property could not have been sold solely by the legal heirs of Sunderlal and raised the plea of adverse possession along-with co- ownership. The learned court below decreed the suit filed by Sumitra Rani, the purchaser and decree for possession was passed.