JOHN PETER Vs. BALRAJ YADAV

JUDGEMENT

(1.) This is plaintiff's Second Appeal under Section 100 of the Code of Civil Procedure (for short 'the CPC') against the judgment and decree dated 1.12.2000 passed by VIth Additional District Judge, Raipur in Civil Appeal No. 4-A/2000, reversing the judgment and decree dated 19.04.2000 passed by Vth Civil Judge, Class I, Raipur in Civil Suit No. 102-A/2000.

(2.) The trial Court by its judgment & decree dated 19.04.2000 decreed the plaintiff's suit holding that the plaintiff has purchased the suit house from Jagannath Yadav - exclusive owner of the suit house and in which the defendant is only licencee and, therefore, the plaintiff is entitled for possession of the suit house.

(3.) Defendant preferred first appeal there against. The First appellate Court allowed the appeal holding that Shri Jagannath Yadav, from whom the plaintiff has purchased the suit house was only co-owner of the suit property, has sold only 306 Sq.ft. of land out of total land area 1020 Sq.ft. and, therefore, though the plaintiff has acquired the title over 306 sq.ft. of land out of total land area 1020 Sq.ft. but the remedy of the purchaser-plaintiff to file a suit for partition as the defendant being the co-owner of the suit house cannot be dispossessed as no decree could be granted for possession without suit for partition.