SULOCHANA DEVI Vs. VIMLA GUPTALABIC

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this plaintiff's second appeal is as under: -

(2.) The plaintiff filed a suit for recovery of possession of the suit land situate at Deviganj Road, Ambikapur, stating inter alia that the said land is owned by her, as she has purchased the same by registered sale deed dated 7-6-1972 at a cash consideration of Rs. 3,000/-. It has also been averred that in the civil suit filed by Vimla Gupta - defendant No.1 being C.S.No.82-A/1996 holding the suit property to be joint family property the civil court vide Ex.P-4 dated 24-4-1998 had already held that the plaintiff herein has purchased the suit land by sale deed dated 7-6-1972 which is valid sale deed executed in favour of the plaintiff. It was further pleaded that defendant No.1 is her licensee, but despite having requested she has not vacated the suit premises leading to filing of suit for possession.

(3.) Defendant No.1 set up a plea that the suit house was given to her by her father Tulsi Sao to stay on which she is staying for last 25 years and as such, she has perfected her title by adverse possession for staying in the said accommodation for last 25 years.