DOMA Vs. SAYA BAI

JUDGEMENT

(1.) The applicant has preferred the present civil revision against the judgment and decree dated 14.2.2006 passed by the Civil Judge, Class II, Bhaisdehi, District Betul in Civil Suit No.3A/2002 whereas the suit under Section 6 of the Specific Relief Act, 1963 filed by the applicant/plaintiff was dismissed.

(2.) In the trial Court the applicant/plaintiff had preferred a civil suit that he had the possession of Survey No.125/2, area 0.425 hectare since last 35-40 years. On 5.11.2001 when he was sowing the crop of wheat the respondents entered in the suit premises and dispossessed him. The plaintiff has also pleaded that the aforesaid land was given to his wife Shanta Bai on 18.10.1968 by registered sale deed alongwith an agreement dated 15.10.1968 that Shanta Bai could not sell the property. Two years after execution of the sale deed Shanta Bai left the village and thereafter, the plaintiff/applicant was in possession of the property. Under such circumstances, he had filed a suit under Section 6 of the Specific Relief Act.

(3.) The respondents denied the allegations made by the plaintiff in their written statement. According to them the sale deed was executed in favour of the respondents on 2.8.2001 by Shanta Bai and thereafter, possession was given.