KALLU Vs. ANTULAL

JUDGEMENT

(1.) THIS appeal is preferred by the defendant being aggrieved by the judgment and decree dated 15-7-1998 delivered by First Additional District Judge, gwalior in Civil Appeal No. 9-A/98 whereby the First Appellate Court has affirmed the judgment and decree dated 27-2-1998 passed by Civil Judge Class ii, Gwalior in Civil Suit No. 46-A/9q.

(2.) BRIEF facts of the case are that the respondents plaintiffs filed a civil suit for declaration of title, injunction and return of possession against the present appellants defendants alleging that father of the plaintiffs was the owner of the House No. 7/15 new number 42/5 situated at Tatiya Pakhre Ki Payga near saligram Darji Ki Bagiya, Taraganj, Lashkar, Gwalior. According to the plaintiffs their father constructed the said house in the year 1934 and the property was his self acquired property. Father of the plaintiff died in the year 1974 and after the death of father of the plaintiffs, plaintiffs became the owner of the property by succession. It is alleged that defendants being cousins of the plaintiffs, were allowed to reside in the property and their possession was permissive possession. They have no right to continue in possession. Hence, the present suit was filed on these premises.

(3.) ON notice, the defendants filed their written statement alleging that the property was owned by one Jasoda. Jasoda had executed a Will in their favour. The defendants also claimed that they have acquired right in the suit property by adverse possession.