BHADDU AND OTHERS Vs. FADAN

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 6.8.1984, passed in Civil Appeal No. 70-A of 1981 by First Additional Judge to the Court of District Judge, Chhindwara (arising out of the judgment and decree dated 13.7.1981, passed in Civil Suit No. 179-A of 1978 by First Civil Judge (Class II), Chhindwara) whereby, while confirming the decree of the trial Court, the plaintiffssuit for declaration and possession of the house, has been dismissed.

(2.) The brief history of the case is that the plaintiff filed a suit in the trial Court on31.7.1978 with the assertion that Amarlal - last male holder of the suit property, has two wives Mst. Maida and M/s. Kari. Amarlal died somewhere in 1933. Both the widows inherited his share. Mst. Maidabai gifted half portion of her property to the plaintiffs father on 23 -5-1946. S sequently, Maidabai filed Civil Suit No. 43-A of 1949 for cancellation of the gift-deed. A compromise was effected in that suit on 26.3.1951, whereby life tenancy was given to Maidabai and, thereafter, plaintiffs father was allowed to remain in possession of her property. Maidabai died in the year 1972. Karibai died nearly 20 years before the filing of the suit. Karibai predeceased Maidabai. The property was inherited by Karibai and, thereafter, by Maidabai and, therefore, plaintiffs prayed for relief of possession and damages at the rate of Re. 1.00 per day.

(3.) The defendant on the other hand, denied the claims of the plaintiffs and pleaded that he is the adapted son of Amarlal. Karibai adopted him on behalf of her husband and that, Maidabai had no transferable interest and, therefore, the transfer in favour of plaintiffsby Maidabai was illegal and void. He further pleaded that the plaintiffs had earlier filed a suit for damages with respect to the suit house and, therefore, their present suit is barred under Order 2, Rule 2, C.P.C.