TARUN KUMAR DEY Vs. NIRMAL KUMAR DEY

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 14-2-2006 passed by the Additional District Judge, Bhatapara, Dist Raipur (CG) in Civil Suit No. 4-A/2005 wherein the said court decreed the suit in favour of original respondent No.1 namely Nirmal Kumar Dey and respondent No.2 Smt. Malti Rani for declaration of title, eviction of the appellants and injunction regarding house in question at Survey No. 110/83 and 110/88 situated at village Mata Devalaya Ward, Bhatapara.

(2.) Appellant No.1 is son of late respondent No.1 Nirmal Kumar Dey and appellant No.2 Smt. Reema Dey is wife of appellant No.1.. As per version of respondents No. 1 and 2 after retirement of respondent No.1 from Railways he constructed the house in the land in question which was constructed from retiral benefits. Appellants harassed the original respondents No. 1 and 2 and due to constant harassment they filed a suit which is decreed by the trial Court. As per version of the appellants, the house was constructed jointly by the original respondent No.1 and appellants and they did not harass them, even then the trial Court decreed suit.

(3.) Learned counsel for the appellants would submit as under: