SUMANBAI Vs. LAXMAN

JUDGEMENT

(1.) The appellant/defendant No.1 has filed this appeal against the judgment and decree dated 29.01.2016 passed in Civil Suit No.34-A/2015 by 4th Civil Judge, Class-II, Khargone affirmed by Third Additional District Judge, Khargone vide judgment and decree dated 19.04.2018 in Civil Regular Appeal No.10-A/2016.

(2.) The Respondent Nos.1 and 2 being plaintiffs filed the suit for declaration and vacant possession of Plot No.120, Word No.5, Sanjay Nagar, Khargone [hereinafter referred to as "the disputed plot"]. The size of the plot is 312 sq.ft. with temporary hut therein. The plaintiff Nos.1 and 2 are husband and wife and the defendants are brother and sisters. According to the plaintiffs the disputed plot was given to them by way of lease dated 21.08.1998 for the period of 30 years by the Sub Divisional Officer (Revenue), Khargone under Rajeev Gandhi Ashraya Yojna, 1998. They are living there after constructing temporary hut since 1998 and regularly paying the consolidated taxes to the Municipality, Khargone. In the year 2011 the plaintiff No.1 permitted her sister Jasoda to live in the said hut. In the month of September, 2011 Jasoda had informed them that the defendants have forcibly taken the possession of hut. The plaintiffs lodged an FIR on 24.09.2011 and a criminal case was registered under Section 448 of the IPC against the defendants. By judgment dated 17.08.2013 they have been acquitted by giving benefit of doubt but they are still in possession illegally. Hence, cause of action accrued in favour of the plaintiffs to file the suit.

(3.) The defendant No.1 Sumanbai/present appellant filed the written-statement denying the averments made in the plaint. According to her the suit is not maintainable and she is in possession since last 6 years and the plaintiffs are not the owner.