DINESH KUMAR Vs. KAUSHAL CHAND JAIN

JUDGEMENT

(1.) This appeal is filed by the defendant challenging the judgment and decree dated 3/8/1998 passed by the Second Additional District Judge, Shivpuri in Civil Suit No. 10-A of 1981 whereby the Court has decreed the suit for declaration of possession and mesne profits.

(2.) The brief facts of the case are that the pLalntiff has filed the present suit alleging that the House No. 251 was owned by Shankar Lal Cheetarmal, his name was recorded in the Municipal record since Samvat 2002. Pyarelal who was natural son of NemiChand was adopted by Shankar Lal somewhere in 1925 when he was 4-5 years of age. Nemichand had two other sons Dhannalal and Pannalal. Pyarelal died in the year 1948-49, while Shankarlal died in the year 1951, at that time present pLalntiff was minor. Sonibai wife of Pyarelal and Chhutanki Bai wife of Shankarlal were looking after him, at that time Nemichand, who was residing in Rajasthan came to Shivpuri and started looking after the business as Ammuktiyar. Nemichand was thus put in possession of the suit property by Sonibai and Chhutanki Bai to look after the business. At the time of filing of suit the pLalntiff attained majority as he was 20 years of age as defendant started cLalming right to the suit property. The present suit was filed for declaration of title to the suit house which is bearing survey No. 251, relief of possession and mesne profit is also made in the pLalnt.

(3.) In para 5 of the pLalnt pedigree is given as under: <IMG>JUDGEMENT_203_AIR(MP)_2006Image1.jpg</IMG>