PREMCHAND Vs. RAMPATIBAI

JUDGEMENT

(1.) The appeal was admitted by this Court vide order dated 30/01/2009 for final hearing on the following substantial questions of law :-

(2.) Being aggrieved by the judgment and decree dated 11/04/2008 passed by 10 th Additional District Judge, Indore in Civil Appeal No.86/2007 whereby the judgment and decree dated 29.9.2007 passed by 4 th Civil Judge, Class-I, Indore in Civil Suit No.39-A/2007 whereby the suit filed by the appellant for declaration and permanent injunction was dismissed, was maintained, present appeal has been filed.

(3.) Short facts of the case are that the appellant filed a suit for declaration and permanent injunction on 4/01/2003, wherein it was alleged that in a Housing Scheme of Mahawarnagar, Co-operative Housing Society, the land bearing survey No.326/02 situated at Dashahara Maindan, Indore, on which house of the appellant was coming, therefore, in exchange plot No.85 was allotted to the appellant by the Housing Co-operative Society in the year 1976. It was alleged that in that regard a certificate was issued in favour of the appellant on 24/12/1976. It was alleged that the appellant constructed a house on the said plot in the year 1977. It was alleged that the appellant entered into an agreement to sell the suit house and also published notice in a newspaper. It was alleged that appellant is in occupation of the suit house through its tenant. It was prayed that it be declared that appellant is in occupation of the suit property and the respondent be restrained to interfere into possession of the appellant. The suit was contested by the respondent alleging that the suit plot was never allotted to the respondent. It was alleged that after construction, the respondent has inducted the tenant in the suit house and the respondent is in occupation of the same. It was prayed that the suit filed by the appellant be dismissed. After framing of issues and recording of evidence, learned trial Court dismissed the suit,against which an appeal was filed by the appellant which was also dismissed, hence, the present appeal.