RAMGOPAL Vs. SHYAMLAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 13-8-1997 in Civil Suit No. 10A/97 passed by 7th Additional District Judge, Bilaspur whereby the suit filed by the Plaintiff has been dismissed with costs.

(2.) UNDISPUTED facts of the case are that the Appellant/Plaintiff is father of Respondent No. 1/Defendant No. 1 and grandfather of Respondent No. 2/Defendant No. 2 (son of Defendant No. 1.) (hereinafter the parties shall be referred to as per their description before the trial Court)

(3.) THE facts giving rise to this appeal in nutshell are that the Plaintiff instituted suit against the Defendants for seeking the relief of declaration of title and eviction of suit property by way of mandatory injunction claiming Defendant to be his licencee. The Defendants by filing joint written statement denied the title of the Plaintiff over the suit property and also possession as licencee, pleaded that they are in possession of the suit property on their own right. For that, it was pleased that Defendant No. 1 purchased the suit land benami in the name of one Maniram son of Sevakram, obtained its possession, constructed Khapraposh house, which was further renovated in the year 1991-92 and since then are residing in it in their own right and title.