MAHENDRA KUMAR Vs. JAGDISH

JUDGEMENT

(1.) The appellants have preferred this appeal under Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 16-3-2005 passed by the Additional District Judge, Janjgir, in Civil Suit No. 21-A/98 wherein the said court dismissed the suit filed by the appellants regarding the house situated in Survey No. 108 area 216 square meters at Champa.

(2.) As per case of the appellants, owner of the said property was one Lakshmin Bai who filed the suit against the respondent for his eviction from the said premise who was monthly tenant @ Rs.40/-. Though respondent claimed his title on the basis of unregistered sale deed executed in his favour by Lakshmin Bai, but the Revenue Authorities rejected his claim. As per claim of the appellants, originally one Dev Prasad was the owner of the said house/land and he executed a will in favour of Lakshmin Bai and after her death, the appellants being distant relatives of Lakshmin Bai owned property as Lakshmin Bai had no successor.

(3.) Per contra, version of the respondent is that the appellants are not successors of Lakshmin Bai and as he is in possession of the land on the basis of agreement executed in his favour by Lakshmin Bai and as per part performance of contract, therefore, appellants are not entitled to challenge his right.