SAKUNTALA DEVI Vs. SANJAY AGRAWAL

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 12-11- 1999 passed by the Second Additional District Judge, Raipur (CG) in Civil Suit No. 27-A/98 whereby the said court dismissed the suit filed by the appellant for declaration of title over the house bearing No. 479/3, situated at village Saraipali and for recovery of possession of the said house from the respondent.

(2.) As per the case of the appellant, the house in question was acquired by him by way of partition as property is ancestral property. The said house was rented to father of the respondent in the year 1984 who left the village Saraipali in the year 1989 and thereafter the respondent is in possession of the said house. In a proceeding of eviction before the Sub Divisional Officer (Revenue), Saraipali, father of the respondent admitted that he is a tenant in the said premise. Again, the suit was filed against the respondent for eviction before the court of Civil Judge which is registered as Civil Suit No. 122-A/91, but was dismissed by the said court and the appeal filed against the said judgment/decree is also dismissed. As the Civil Court did not declare the appellant as owner of the property, that is why he filed the suit before the trial Court, but that was dismissed after hearing both parties.

(3.) Learned counsel for the appellant submits as under: