PUNAM LALWANI Vs. SANTOSH VISHWANATH VISHWAKARMA

JUDGEMENT

(1.) By this common order, Second Appeal No.803/2017 shall also be decided.

(2.) Both the appeals have been filed against the judgment and decree dtd. 9/5/2017 passed by First Additional Judge, Sidhi to the Court of First Additional District Judge, Sidhi in RCA No.4-A/2017 arising out of judgment and decree dtd. 21/1/2017 passed by Civil Judge, Class-1, Sidhi in Civil Suit No.6-A/2012.

(3.) The facts necessary for disposal of present appeal in short are that, the plaintiff/appellant filed a suit for declaration of title as well as for release of property from the custody of the receiver. The case of the plaintiff/appellant was that the plaintiff and the defendant are known to each other being the resident of village Kotha. Defendants No. 1 and 2 are the son and daughter of late Vishwanath Vishwakarma. Defendant No.3 is the daughter in law of a business man namely Rameshwar Avadhiya. The in-laws of defendant No.3 are rich persons and they are in the habit of grabbing houses and lands of various persons by compelling them to execute sale deeds. Araji No.125 area 0.032 hectare land was allotted to Vishwanath Vishwakarma, the father and husband of defendants No.1 and 2. Vishwanath Vishwakarma had constructed a house of 3 rooms on land admeasuring 14x41 sq.ft. The remaining land was left as open. On the northern side of the house, one Kachcha house was also there in which one lady was residing for the last several years.