RAM RATI BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against judgment/ decree dtd. 21/8/1997 passed by Seventh Additional District Judge, Bilaspur (M.P.) (Now C.G.) in Civil Suit No. 2A/1996, wherein the said court dismissed the suit filed by the appellant/ plaintiff for possession of land shown in Schedule-A of the plaint and for compensation.

(2.) As per the appellant/ plaintiff, the suit house was constructed by her father 40 years back which was demolished by the respondent/ defendant on 11/6/1992 in absence of the appellant/ plaintiff saying that plaintiff's husband has encroached on the suit land. It is pleaded on behalf of the respondent/ defendant that the appellant has encroached the land, but no notice was served to the appellant before demolishing the structure, therefore, she filed a suit before the trial court, but the said court dismissed the suit contrary to the facts and legal aspects of the matter.

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