RAJ KUMARI Vs. CHANDRA PAL

JUDGEMENT

(1.) The defendant/appellant has field this second appeal against the judgment and order dated 24.4.2009, passed by the Additional District Judge, Court no.4, Lucknow, in Regular Civil Appeal No. 76 of 2008, whereby the appeal has been dismissed.

(2.) The brief facts are that the respondent purchased a House no. E-3300, area 49.30 Sq. Meter situate at Rajajipuram, Lucknow from its allottee and owner Shri Khushi Ram Bhootani, by means of a registered deed dated 19.3.1996. The respondent also took the possession of the disputed property on the date of sale deed. The name of the respondent was also mutated in the Municipal record and he has regularly been paying house and water tax in respect of house in dispute. Since the respondent had to live at Sitapur in connection with his business and was not able to look-after the house, the appellant took unauthorized possession of the house and started living therein since 2000 without taking any permission from the respondent. The respondent served a notice upon the appellant asking her to vacate the house but when the notice was not complied with, the respondent filed a suit for possession.

(3.) The appellant filed her written statement admitting that the house in question was allotted to Shri Khushi Ram Bhootani but since he did not have sufficient money for purchase of the house, the appellant had given him a loan of Rs.FRM> 15,000.00. Since Shri Bhootani could not return the loan amount, he gave possession of the house in question to the appellant in the year 1983 in lieu of the loan amount. The appellant thereafter invested more than Rs.FRM> 30,000.00 in the development of the property and since then she is peacefully living therein. Shri Khushi Ram Bhootani had also assured to execute sale deed in favour of the appellant but when did not execute the sale deed and tried to evict her forcibly, the appellant to had to file a suit for injunction which was numbered as Regular Suit No. 51 of 2001. It was further stated in the written statement by the appellant that Shri Khushi Ram Bhootani had no right to sell the house to the respondent.