UNION OF INDIA Vs. HAVABAI JUSAB

JUDGEMENT

(1.) This Appeal under Section 100 CPC, preferred by the defendants nos. 1 to 4 [hereinafter collectively referred to as, "the Union of India"] in Regular Civil Suit No. 246 of 1973, arises from the judgment and order dated 20th July, 1984 passed by the learned Assistant Judge, Rajkot at Gondal in Regular Civil Appeal No. 69 of 1979.

(2.) The respondent no.1-plaintiff is the owner of the suit house situated at Kotdasangani. The suit premises [two rooms of the ground floor of the suit house] was given over to the Union of India for housing a Post Office by the defendant no.5, the husband of the plaintiff. The Union of India took over possession of the suit premises as a lessee on 1st January, 1973.

(3.) The plaintiff instituted the above referred Regular Civil Suit No. 246 of 1973 in the Court of learned Civil Judge [SD], Gondal. According to her, the suit house belonged to her; she was estranged from her husband; and she had not authorized her husband to deal with the suit house in any manner or to give it over to any body on lease. The establishment of post office in the suit premises and its possession by the Union of India was illegal and unauthorized. The plaintiff, therefore, prayed for a declaration that the action of her husband " defendant no.5 in parting with the possession of the suit premises to the Union of India was illegal and void, and that the possession by the Union of India was illegal. She also prayed for recovery of possession of the suit premises from the Union of India. The suit was contested by the defendants nos. 1 to 4 by written statement Exh.12. According to the defendants, the plaintiff was the Benami holder. The defendant no.5 was the real owner of the suit house, the defendant no.5 had lawfully put the Union of India in possession of the suit premises and that the claim made by the plaintiff was false and frivolous.