(1.) Being aggrieved by judgment and decree dated 02.12.2011, passed by III Additional Judge to the Court of District Judge, Jabalpur in Civil Suit No.3-A/2010, the appellants/plaintiffs have preferred this First Appeal under Section 96 of Civil Procedure Code, whereby the learned trial Court has dismissed the suit for possession and mesne profit with regard to the disputed premises.
(2.) The facts giving rise to this appeal in narrow compass are that the plaintiff Hafizulla and Smt. Hameeda Begum filed Civil Suit No. 3-A/2010 before the trial Court claiming that they are owner and landlord of house bearing Nos.667, 667/1 to 667/3 situated at Kotwali ward, Jabalpur known as "Kudarat Manzil" which is a double story building. This suit house was let out to Sheikhar Chand Jain by registered lease deed dated 01.05.1968 for a period of 10 years @ Rs. 150/- per month rent for non-residential purpose. The plaintiffs had instituted the Civil Suit No.147-A/1998 against the original tenant Sheikhar Chand Jain for his eviction from suit house on various grounds under Section 12(1) of M.P. Accommodation Control Act. During pendency of the said ejectment suit, in the life time of original tenant Sheikhar Chand Jain, his son Inder Kumar Jain (Defendant No.3) had purchased undivided share of the suit house from the two co-owners Smt. Sona Bi and Smt. Begum Bi by registered sale deed dated 03.01982 and 20.09.1982 respectively. In Civil Suit No.147-A/1988 the Court vide judgment dated 30.07.1981 found the bonafide need of the plaintiff No.1 Hafizulla established, but suit was dismissed on the ground that plaintiff No.1 is not absolute owner of the suit house, therefore, the suit is not maintainable. The plaintiff preferred First Appeal and after its dismissal Second Appeal No.813/1995 was filed before High Court.
(3.) It is further pleaded by appellant/plaintiff that after dismissal of SLP the plaintiff filed Civil Suit No.11-A/2002 against the defendant for declaration, that two sale deeds dated 002.1982 and 20.09.1982 executed in favour of defendant No.3 Inder Kumar Jain as null and void and also ejectment of defendant/tenants from suit house. During pendency of this suit plaintiff No.2 Smt. Hameeda Begum filed a separate suit before Rent Control Authority RCA Case No.2A/90(7) 97-98 under Section 23-A of M.P. Accommodation Control Act, for eviction of defendant on the ground of bonafide requirement of her son Mohd. Anwar. The Rent Control Authority considering earlier judgment in Civil Suit No.147-A/1998 dismissed the suit on the ground of res-judicata. Against this order, Smt. Hameeda Begum preferred a Civil Revision No.1676/2001 before High Court, which was dismissed vide order dated 25.02.2003 on the ground that the judgment of S.A. No.813/1995 has effect of res-judicata and the suit is not maintainable.
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