RANJEET DEWANGAN Vs. JANMUNA BAI

JUDGEMENT

(1.) Heard on admission.

(2.) This is the plaintiffs' second Appeal against the judgment and decree dated 25.10.2016 passed by the Additional District Judge, Dhamtari in Civil Appeal No. 201-A/2011 by which, the lower appellate Court, while affirming the judgment and decree dated 30.06.2011 passed by the 2nd Civil Judge, Class-I, Dhamtari in Civil Suit No. 74-A/2011, has dismissed the plaintiffs' Appeal.

(3.) The undisputed facts of the case are that the Plaintiffs Ranjeet Dewangan and Vijay Dewangan instituted a suit claiming possession with regard to the suit house described in plaint map as red ink. It is pleaded in the plaint that the said suit house situated in sheet No. 35 Khasra No. 832/1 of Plot No. 22 admeasuring 450 sq. feet was owned by his uncle, namely, Somu. It is pleaded further that said Somu, after obtaining the permission from Municipality in the year 1949 had constructed the said suit house and adjacent to this house i.e. Khasra No. 832/1 of Plot No. 23 admeasuring 207 sq. feet was given to one Bajrang Akhada by virtue of a registered deed of lease dated 12.12.1962. It is pleaded further in the plaint that the suit house was earlier given to one Brijbai on rent, but said Brijbai has obtained the adjacent land i.e. 832/1 illegally in her name and sold the same to defendant-Budhram by virtue of registered deed of sale dated 01.04.1991 and has handed over the suit house in the garb of said sale to him. Since the suit house was wrongly handed over by Brijbai to the defendant, therefore, the plaintiffs have been constrained to file the suit for obtaining the possession of the same.