NARESH KUMAR Vs. CHANDRASHEKHAR

JUDGEMENT

(1.) This appeal has been filed by the defendant being aggrieved by the judgment and decree dtd. 9/12/2013 passed by the trial Court in Civil Suit No.82-A/2010, whereby suit of the respondent/plaintiff was decreed and the appellant is directed to handover vacant possession of the suit property to the plaintiff.

(2.) The respondent/plaintiff filed a suit for recovery of possession. It was stated in the plaint that a plot No.141 situated in Silver Oaks Colony, Indore was purchased by him by self earned money vide registered sale deed dtd. 12/7/1990. The plaintiff/respondent further averred that he constructed a residential house on the said plot consisting six rooms on the ground floor and a hall on the first floor out of his own money. It was further averred that plaintiff was in possession of two rooms at ground floor and hall at first floor, remaining four rooms, toilet and bathroom are in possession of the defendant in which he was residing with the permission of the plaintiff. This part of the said residential house is termed as suit property in the case.

(3.) Learned counsel for the appellant while referring to the impugned judgment and decree submits that the trial Court erred in not taking into account the fact that as per the plaint averments notice was sent on 31/7/2010. However, no such notice is available on record. It has further been stated that in the entire suit no evidence of self earned money was placed on record. Thus, the pleadings in this behalf have not been substantiated. It has specifically been argued by learned counsel for the appellant that the appellant by virtue of his deposition as well as deposition of Mangilal (DW-2) and Jagdish Sharma (DW-3) established that plot No.141 was purchased out of the money of HUF, thus it has to construe that the same is HUF property and once the defendant was able to establish this onus has been shifted on the plaintiff to prove that the suit property was purchased by self acquired money, in which the plaintiff/respondent has miserably failed.