GHAN SHYAM Vs. KALI CHARAN

JUDGEMENT

(1.) Present second appeal under Sec. 100 of CPC has been filed against the judgment and decree dtd. 20/9/2006 passed by Fourth Additional District Judge (Fast Track), District Shivpuri (M.P.) in Civil Appeal No.18-A/2006 affirming the judgment and decree dtd. 29/3/2006 passed by the Third Civil Judge, Class-II, Shivpuri in Civil Suit No.21-A/2005 by which the suit of respondent/plaintiff was decreed.

(2.) Factual matrix of the case, in brief, are that the plaintiff/respondent instituted the Civil Suit seeking recovery of possession of suit property.

(3.) In the plaint, it was averred that Chintulal, the father of plaintiff Kalicharan purchased the suit property on 28/9/1953 by a registered sale deed. After obtaining the permission of the Municipal Council in the year 1971, he constructed a house on this property (hereinafter referred to as the suit house). It was also averred that Fodalia (grandfather of plaintiff) had two sons Chintulal and Rajore. Respondent/Plaintiff Kalicharan and Raghuveer are the sons of Chintulal. Appellant/defendant Ghanshyam is the son of Raghuveer who (Raghuveer) was adopted by his uncle Rajore and is still in possession of Rajore's properties. Chintulal executed a registered Will on 20/4/1976 in favour of the plaintiff Kalicharan. After the death of his father, the plaintiff Kalicharan is in possession of the suit house purchased on 28/9/1953.