SMT. JAMNABAI AND OTHERS Vs. GOPAL VERMA

JUDGEMENT

(1.) This appeal has been filed by the defendants against the judgment dated 28.08.2017 by which the first appellate Court has rejected the application filed under Section 5 of the Limitation Act and thereafter dismissed the appeal.

(2.) Respondent being the plaintiff filed a civil suit for eviction against the present appellants. According to the plaintiff he is an exclusive owner of house no.19 situated at Chipa Bakhal, Indore (hereinafter referred to as suit house). The said suit house was constructed in the year 1945 and he purchased the same from erstwhile owner Mohammad Idreesh on 16.04.1987. His elder brother Radheshyam expired on 30.09.2003 and the defendant no.1 is a widow of Radheshyam and defendants no.2,3 and 4 are sons and daughter of Radheshyam. They had no place to reside, therefore he permitted them to reside in the first floor of the suit house without any rent. In the year 2008, for the purpose of marriage of Kamal, the ground floor was also given to them only for 15 days but after four years of the marriage, they did not vacate. Therefore, plaintiff served them notice dated 29.06.2012 through counsel and after that he filed a suit for eviction and mesne profit @ Rs. 5000/- per month.

(3.) The defendants contested the suit by filing written statement. According to the defendants the suit house was purchased from the income of the joint family property i.e. shop Verma Brothers situated at 20/2 South Tukoganj, therefore, the plaintiff is not the exclusive owner of the suit house and they have equal share in it. The learned trial Court framed five issues for adjudication and both the parties led their evidences. Vide judgment and decree dated 30.11.2015 the trial Court decreed the suit in favour of the plaintiff directing the defendants to handover the vacant possession and also to pay the mesne profit @ Rs. 1,000/- per month.