SUNIL KUMAR BONDIA Vs. PRAHLAD AGRAWAL

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 06.08.2011 passed by District Judge, Raigarh, District- Raigarh (C.G.) in Civil Suit No. 26- A/2011, wherein the said court decreed the suit filed by the respondent/ plaintiff for declaration, possession and compensation regarding land situated at Nazul Sheet No. 33, Plot No. 83/1, area admeasuring 400 sq.ft. at Raigarh which is mentioned in Schedule-A of the plaint.

(2.) As per the appellants, the respondent filed a suit against the appellants that the property in question is recorded in the joint name of Goverdhan Das and Sitaram and the property came into name of Goverdhan Das in partition held in the year 1992-93, thereafter, it was transferred in name of the respondent as successor. The property was being used by the appellants/ defendants and earlier, it was used by the appellant's father namely Radhe Shyam Bondia for godown purpose with the license of Goverdhan Das. When the appellants were asked to vacate the property, they refused and claimed title over the suit property i.e. why the suit was filed which was decreed contrary to the fact and legal aspect of the matter.

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