DWARIKA PRASAD PATEL Vs. MARRI

JUDGEMENT

(1.) This second appeal under Sec. 100 CPC has been filed against the judgment and decree dtd. 3/3/2007 passed by Second Additional District Judge (Fast Track Court) Maihar, District Satna in Civil Appeal No.9A/2006 thereby reversing the judgment and decree dtd. 29/1/2005 passed by Civil Judge Class-1 Maihar, District Satna in Civil Suit No.55A/1997.

(2.) The appellant is the defendant, who lost his case before the First Appellate Court.

(3.) The facts necessary for disposal of the present appeal in short are that the plaintiff and the appellant are husband and wife. The plaintiff as well as defendant were blessed with one daughter Ramkumari and thereafter, he turned the plaintiff out of his house alongwith his daughter and kept another lady. Accordingly, the plaintiff came back to the house of her father. A social meeting was convened and accordingly, the defendant gave the disputed land to the plaintiff for her maintenance during her lifetime and it was also mentioned in the said document that after her death, the successor of the plaintiff would inherit the property. It is further alleged that on 27/2/1997 the defendant and his second wife Rampatiya trespassed in the house at about 12 in the night and took away the agreement which was kept in the box as well the gold and silver ornaments and an amount of Rs.1400.00. The report of the said incident was lodged by the plaintiff in Police Station Maihar on 28/2/1997 but no action was taken. It was pleaded that the defendant has taken away the original agreement ascertaining that he would forcefully take the possession of the land in dispute and would burn the original agreement and thus, the suit was filed for declaration of title and for a declaration that the plaintiff is entitled to use the said land for maintenance purposes as well as for permanent injunction thereby restraining the defendant from interfering with the peaceful possession of the plaintiff either by himself, through his agents or servants.