HEERA LAL Vs. TIJIABAI

JUDGEMENT

(1.) THE unsuccessful defendant No. 1 Heera Lal who has lost from both the Courts below has filed this appeal under section 100, Civil Procedure Code. THE suit filed by plaintiffs Smt. Tijiabai and Smt. Dipiyabai has been decreed by learned trial Court and the first appeal which was filed by defendants No. 1 and 2 Heeralal and Vinod Kumar has been dismissed by the impugned judgment and decree.

(2.) SMT. Tijiabai and SMT. Dipiyabai filed civil suit for possession on the basis of title in respect of certain agricultural land which is the subject-matter of the suit; for awarding the damages Rs. 4000/- and further for mesne profit @ Rs. 1000/- per annum till the possession is delivered to them. The admitted facts between the parties which are borne out from the pleadings and the judgment of the learned two Courts below are that the agricultural land, the description whereof has been mentioned in the plaint and which is the subject-matter of the suit, was owned by one Ramratan. One Dwarka Prasad and plaintiffs SMT. Tijiabai and SMT. Dipiyabai were born out of the wedlock from the first wife of Ramratan and from the second wife defendant No. 1 Heera Lal was born. Defendant No. 2 Vinod Kumar is the son of defendant No. 1 Heera Lal. The other sister of plaintiffs namely Harko Bai had died which is also admitted to the parties.

(3.) LEARNED trial Court on the basis of the averments made in the plaint and denial made in the written statement framed necessary issues and after recording the evidence of the parties decreed the suit. The first appeal which was filed by the defendants has also been dismissed by the impugned judgment and decree.