REKHA SAVITA Vs. JEEVANLAL AND ANOTHER

JUDGEMENT

(1.) The plaintiff/appellant has filed this First Appeal against the judgment and decree passed in Civil Suit No.15-A/2009 by the learned Second Additional District Judge, Gwalior, whereby the Trial Court dismissed the suit of the plaintiff/appellant.

(2.) The appellant filed a suit for declaration, permanent injunction and recovery of possession. She pleaded that a house situated at Village Bahodapur, District Gwalior was of the ownership of Babu Khan, who executed an agreement on 19/1/1987 in favour of Gopiram Jatav, S/o Tularam Jatav and agreed to sale the aforesaid property for a consideration of Rs.5,000/- and possession of the property was handed over to Gopiram Jatav. Thereafter, Gopiram Jatav had constructed two rooms, kitchen and one latrine & bathroom over the place. Before (Smt. Rekha Savita Vs. Jeevanlal and another) expiry of period of agreement Babu Khan died and then Gopiram Jatav also died and thereafter, wife of Gopiram Jatav, namely, Smt. Shantibai executed a sale deed dated 17/2/2009 and sold the property in a consideration of Rs.2,00,000/- in favour of plaintiff and also delivered possession to the plaintiff. Since then the plaintiff was in possession over the suit property, however, on 24/5/2009 the defendants forcibly had taken possession of the suit property from the plaintiff/appellant, hence, the plaintiff filed present suit.

(3.) The defendants in their written statement denied the pleadings of the plaintiff. They denied the fact that Babu Khan executed an agreement on 19/1/1987 in favour of Gopiram. They further denied the fact that Gopiram Jatav had any legal right over the suit property. They further pleaded that the defendants were in possession of the suit property since 4/2/1987 and they had legal right over the suit property.