BABULAL JAIN Vs. ACHAL KUMAR BHATIA

JUDGEMENT

(1.) Being aggrieved by the Judgment and decree dated 31.7.1995 in Civil Suit No. 85-A of 1995 passed by 9th Additional District Judge, Jabalpur by which the plaintiffs have been declared to be the owners of the house in dispute and defendants have been directed to pay mesne profits of Rs. 2,200/- per month to plaintiffs, defendants No. 1 and 3 to 13 have preferred this appeal under Section 96 of the Code of Civil Procedure.

(2.) It is not in dispute that Dwarkadas Bhatia was the owner of House situated at Lordganj, Jabalpur. The plaintiffs are his heirs. It was a big house. It is not disputed that house of Dwarkadas Bhatia was auctioned in two parts; one part in Civil Suit No. 39-B/48, which was purchased by Gyanchand on 27.6.1951, sale was confirmed on 18.10.1951 and thereafter, sale certificate was issued on 16.1.1952 by First Civil Judge Class II, Jabalpur. Second part of the house was auctioned on 16.11.1953, sale was confirmed on 24.3.1954 and thereafter sale certificate was issued in favour of purchaser Babulal/defendant No. 1 on 8.4.1954.

(3.) It is undisputed that this appeal was earlier dismissed on 8.1.2004. Appellant Babulal (deceased) by LRs filed Civil Appeal No. 2089/2007 before Apex Court and Apex Court remitted this appeal vide order dated 20.4.2007 to this Court for consideration of the matter with respect to maintainability of the suit, issue of limitation, conduct of parties and also the fact as to how the parties dealt with the property.