CHANDRANI BAI Vs. PRADEEP KUMAR

JUDGEMENT

(1.) This is plaintiff's appeal against the judgment and decree dated 30-3-1984, passed by the District Judge, Seoni, in Civil Appeal No. 47-A of 1983 (arising out of the judgment and decree dated 3-10-1983, passed by the Civil Judge (Class-I), Seoni, in Civil Suit No. 3-A of 1981), whereby the plaintiff's suit for possession of a room of the house situated in Lakhnadon (District Seoni), has been dismissed.

(2.) Brief history of the case is that the plaintiff Smt. Chandranibai is the widow of one Hukumchand Jain, resident of Bazar Mohalla of Lakhnadon (District Seoni). He died on 2-7-1979. Hukumchand owned and possessed huge moveable and immovable property. It was inherited by the plaintiff.

(3.) The plaintiff's case is that the defendant Pradeep Kumar is known to her and he had been helping her. He made a request to give him the suit 'kotha' for opening a shop. The plaintiff permitted him to possess the 'kotha' of her house situated in Lakhnadon (District Seoni) and as shown in red colour in the map attached to the plaint. It is further alleged that the licence for occupation of 'kotha' was given to the defendant on the condition that he will vacate the same as and when required by the plaintiff. A notice terminating the licence was issued to the defendant. Since he failed to vacate the suit property, the suit for possession of the 'kotha' was filed against the defendant.