RATANLAL Vs. SHANTI DEVI AND ANOTHER

JUDGEMENT

(1.) Heard Sri Chetan Chatterjee, for the petitioner.

(2.) This petition has been filed for setting aside the findings of Additional District Judge recorded in judgment dated 16.07.2014 passed in Civil Appeal No. 37 of 2012, Smt. Shanti Devi Vs. Ratan Lal and another, so far as, it is against the petitioner.

(3.) Smt. Shanti Devi (respondent-1) filed a suit (registered as Suit No. 158 of 2003) for permanent injunction, restraining the defendants from interfering in her possession over property, shown by letters A, B, C, D, E, F, in the plaint map, on 14.05.2003. In this suit the petitioner was impleaded as defendant-1 and Ram Prasad Tiwari (respondent-2) was impleaded as defendant-2. The plaintiff alleged that one Seth Dharmdas was owner of the property in dispute. After his death, his wife inherited it, who also died without any heir. The plaintiff had been living in property in dispute from about 30 years, from life time of her husband. On the basis of long possession, she has become its owner. She was widow and her children were minor. Taking advantage of her weakness and helplessness, the defendants were threatening to take forcible possession over the property in dispute.