BHAIYALAL Vs. SHYAMBAI

JUDGEMENT

(1.) This is second appeal by the plaintiff assailing the judgment and decree dated 27.6.2008 passed by the Additional District Judge, Mungawali, Distt. Guna in civil appeal No.28- A/2007 confirming the judgment and decree dated 23.12.2003 passed by the Civil Judge, Class II, Chanderi, in Regular Civil Suit No.58-A/1998.

(2.) The brief facts leading to the present appeal are that the plaintiff had filed a suit for declaration and permanent injunction on the allegation that father of defendant Shayabai Gulaiya was uncle of the plaintiff and since said Gulaiya had no male issue, plaintiff was taking care of him and was residing with said Gulaiya in the suit house and said Gulaiya had sold the suit house to the plaintiff vide unregistered sale-deed, Ex.P/1 executed on 10.2.1965 for a consideration of Rs.90/-.

(3.) The defendant filed written statement and also counter suit. In the written statement, she denied all the allegations and submitted that since the plaintiff was not having any accommodation of his own, treating him to be brother in relation, she had given the space to live on a monthly rent of Rs.5/-. Through counter suit, she claimed declaration that she be declared as owner of house No.20, Pakhan Darwaja Gali No.1, Ward No.2 (suit premises) and compensation at the rate of Rs.50/- per month alongwith cost. The plaintiff filed reply to the counter suit and disputed the right of defendant Shyama Bai to file the counter suit by taking objection that since prayer has been made for vacant possession, the market value of the property being Rs.60,000/-, appropriate court fee should have been paid.