(1.) The appellant/defendant has preferred this second appeal being aggrieved by the judgment and decree dtd. 12/2/2018 passed by II Additional District Judge, Raigarh, District Raigarh (C.G.), in Regular Civil Appeal No.45/2017, whereby the appellate Court set-aside the judgment and decree dtd. 13/10/2017 passed by II Civil Judge, Class One, Raigarh, in Civil Suit No.280-A/2004 and decreed the suit of the plaintiff/respondent herein for possession.
(2.) Brief facts of the case, as projected by the appellant/defendant, for proper adjudication of the case, are that the plaintiff/respondent herein filed a suit for eviction and recovery of rent against appellant/defendant herein before the learned trial Court on this ground that House No.84(G) (old No.137/4), Ward No.15 (Old Ward No.17) situated at Sevakunj Road, Raigarh, was given on rent to the appellant/defendant at the rate of Rs.60.00 per month. The aforesaid property was formerly the property of the joint Hindu family of the Plaintiff, whose Karta was Mr. Krishna Kumar Gupta. Mr. Krishna Kumar Gupta executed a registered sale deed dtd. 11/3/1996 in favour of Plaintiff/respondent herein and he was duly given title and ownership of the said suit property, the information of which was also duly given to the defendant firm/appellant herein on 6/4/1996, which was received by them on 10/4/1996. After execution of registered sale deed, the Plaintiff/respondent herein had a bonafide requirement of the suit land for his own use and demanded the vacant possession of suit property but the defendant/appellant herein did not tender the vacant possession of the suit property. Thereafter, a suit being Civil Suit No.49-A/1998 was filed by the plaintiff/respondent herein, which was dismissed on 17/12/2003 as the defendant firm/appellant herein was not made as party in the suit. Thereafter, the Civil Suit No. 280-A/2004 was presented by impleading the defendant/appellant herein a party in the name of his firm. The plaintiff has also prayed for arrears of rent of Rs.2,100.00 from 30/4/2001 to 30/3/2004 and claim of Rs.2,250.00 from 1/4/2004 till 15/5/2005 and further prayed for damages of Rs.50.00 per day from the defendant/appellant herein.
(3.) In written statement, the defendant has denied the ownership of Krishna Kumar Gupta and submitted that the suit property is of Gouri Shankar Nande's deity. Further they stated that the plaintiff/respondent herein has a big house at Chhatamuda and the civil suit was filed only to harass the defendant/appellant herein.