JAGDISH PRASAD Vs. KANHAIYALAL

JUDGEMENT

(1.) The appellant has filed this appeal being aggrieved by the judgment and decree dated 2.4.1996 passed by the District Judge, Panna in Civil Appeal No.19-A/86 affirming and confirming the judgment and decree dated 24.10.1986 passed by the Civil Judge Class-I, Panna in Civil Suit No.1- A/79-85 thereby dismissing the suit of the appellant claiming a decree for declaration as owner in possession of house No.53/6 situated in Mohalla Raniganj, Panna as well as for a permanent injunction prohibiting the respondents from demolishing the wall of his house.

(2.) The brief facts, leading to the filing of the present appeal, are that the house in question initially belonged to Gokul Prasad who had two sons, Narmada Prasad and the original respondent Kanhaiyalal @ Kandhai. The original plaintiff Gulab Dulaiya was the wife of Narmada Prasad who died on 15.3.1949. The suit was filed by the original plaintiff Gulab Dulaiya on 26.6.1979 alleging that she was in possession of and is residing in House No.53/6, Mohalla Raniganj, Panna since the death of her husband but when she approached the local Municipal Authorities for sanction of the map as well as for a water connection in the year 1979, she came to know that the house was recorded in the name of the original defendant Kanhaiyalal pursuant to which she raised an objection on which a notice was issued to Kanhaiyalal and thereafter the Municipal Authorities dropped the proceedings by permitting the plaintiff to get her rights decided by the competent civil court.

(3.) This Second Appeal was admitted by this Court on the following substantial questions of law:-