HALKA Vs. BHAMRI BAI

JUDGEMENT

(1.) Heard on the question of admission.

(2.) THE appellant/plaintiff has filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 5.9.2012 passed by the Court of ADJ, Sironj District Vidisha in Civil Appeal No. 17A of 2012, confirming the judgment and decree dated 7.7.2011 passed by the court of Civil Judge Class I, Sironj in Civil Suit No. 9A of 2011 whereby, the suit filed by the plaintiff for restoration of possession was dismissed. In this appeal, the appellant is referred to as "plaintiff" and the respondents No. 1 to 8 as "defendants". The facts in brief of the plaintiff's case are that a house is situated in Narkheda Jagir Tehsil Sironj which hereinafter would be referred to as "disputed house". The said house being ancestral one was partitioned between plaintiff, defendants, their brother Prabhulal, Chhoteram and their mother Janki Bai and they are occupying their respective shares. It is further pleaded that when the plaintiff went to Aron for some work, defendants encroached upon the plaintiff's part of the house before 5 to 6 years, hence, the plaintiff filed a suit against the defendants for the relief stated herein above.

(3.) AFTER framing of the three issues, recording evidence of both the parties and having considered the recorded evidence, the learned trial Court dismissed the suit of the plaintiff against the defendants as stated above.