SATYANARAYAN JAISWAL ALIAS SANTA Vs. MUNDER DEVI

JUDGEMENT

(1.) As both the aforesaid appeals arise out of same judgment and decree, they are heard analogously and are being disposed of by this common judgment.

(2.) Both the appeals are preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 11-4-1996 passed by the Additional District Judge, Manendragarh, Civil District Sarguja, MP now CG in Civil Suit No.3/A of 1982 (11-A/84) wherein the said court decreed the suit filed by the respondent No.1 late Smt. Muder Devi and Satyanarayan Gupta and declared owner of the land in which old house is constructed to Munder Devi on plot N. 339 situated at Manendragarh, the then District Sarguja and ordered the appellants in both the appeals namely Satyanarayan Jaiswal and Purshottam Jaiswal ( both died) and respondent Bhaiyalal and Sushil Kumar Jaiswal to deliver the possession of the said property to respondent No.1 Munder Devi/her legal heirs.

(3.) Respondent late Munder Devi/plaintiff filed a suit for declaration of title and possession for the land in question on the ground that she purchased the said property under registered sale dee executed in her favour on 17-9-1974 by respondent Sushil Kumar Jaiswal for cash consideration of Rs.15,000/-. Original appellant namely Purshottam Jaiswal in First Appeal No. 210 of 1996 claimed the property on the ground that Sahodara Bai was in continuous possession in the disputed plot from the year 1940 and she acquired title by adverse possession and said Sahodara Bai executed a will in favour of Purshottam Jaiswal. It is further case of the said appellant that original plaintiff Munder Devi filed a suit against late Sahodara Bai for eviction i.e., Suit No. 2-A/1977 and it was dismissed, therefore, suit brought by Munder Devi is barred by principle of res judicata and further by provisions of the Limitation Act, 1963.