SHARDA PRASAD DUBEY Vs. MAUJPRAKASH AGRAWAL

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 28.11.2011 passed by Fourth Additional District Judge, Raipur (C.G.) in Civil Suit No. 65- A/2011, wherein the said court decreed the suit filed by respondent No. 1/ plaintiff for possession of house bearing No. 25/40 area admeasuring 1032 sq.ft. situated at Ward No. 58 of Municipal Corporation, Raipur which is mentioned in Map attached with the plaint and made part of the decree and for injunction.

(2.) Respondent No. 1/ plaintiff filed a suit before the trial court for restoration of possession and permanent injunction regarding suit house as mentioned above on the ground that the original respondent No. 2/ defendant No. 4 namely Ramkumar Dubey sold the house to him through registered sale-deed dated 21.07.2003 and handed over possession of the suit house. Name of respondent No. 1 was recorded in the record of Municipal Corporation, Raipur and he was paying bills of water and electricity. It is alleged that he was staying at State of Orissa due to medical practice and the appellants took possession of the house and despite service of legal notice issued by respondent No. 1, did not vacate and handed over the house to respondent No. 1. The appellants are also claiming right over the property by saying that they purchased the property from Late Ramkumar Dubey through registered sale-deed dated 06.04.2000.

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