SARASWATIBAI Vs. DURGA SAHAI

JUDGEMENT

(1.) This is second appeal by the plaintiff against judgment and decree dated 119-1973, passed by the Second Additional District Judge, Indore, whereby appeal preferred against judgment and decree passed by the trial Court on 224-1963, has been dismissed on the ground that it is not properly constituted.

(2.) Facts essential for decision of this appeal are as under: That Smt. Saraswatibai, the plaintiff-appellant, instituted a civil suit in the Court of Civil Judge (Class II), Indore, on 7-7-1954 against Durga Sahai and his son Matadin for recovery of possession and mesne profits in respect of two rooms forming part of a house Municipal No. 27 (old No. 311 situate at Sanyogita Ganj, Indore. This house is popularly known as "Gopal Mandir". The suit was based on title and was brought on the allegation that defendant Durga Sahai was inducted in as a tenant by the plaintiff on payment of Rs. 5 as monthly rent. After some time, Durga Sahai began to render service in the aforesaid temple as a Pujari in lieu of rent, but, now, he has begun to deny title of the plaintiff. Hence the suit. This suit was originally numbered as 700 of 1954. It was renumbered as 222 of 1957.

(3.) Thereafter, the plaintiff-appellant instituted another suit in the same Court on 4-9-1954 against Durga Sahai and his son Matadin and also against 13 other persons. This suit was brought for issuance of permanent injunction restraining the defendant from interfering with the possession of the plaintiff over the suit house. In this suit also, the relief was claimed on the basis of title. This suit was registered as Civil Suit No. 918 of 1954 and was renumbered as 223 of 1957.