PURABAI Vs. PRITHWIRAJ

JUDGEMENT

(1.) THIS is Plaintiff's second appeal under Section 100 of the Code of Civil Procedure.

(2.) PLAINTIFF filed the suit for possession of the suit house as also for the value of the iron chest or for compensation in regard thereto. Civil Judge, Class II, Mungeli, by judgment and decree dated 23.11.1978 passed in C.S. No. 6 -A/73 partly decreed the Plaintiffs suit by granting decree of joint possession. Plaintiff aggrieved by the same preferred appeal which was registered as Civil Appeal No. 1 -A of 1989 whereas the appeal preferred by defendeant No. 2 was registered as Civil Appeal No. 2 -A of 1989 before the lower appellate Court. Fifth Additional District Judge, Bilaspur, disposed of both the appeals by common judgment and decree dated 28.2.1989. He dismissed the appeal preferred by the Plaintiff, but allowed the appeal preferred by Defendant No. 2. Result to the same is that the entire suit of the Plaintiff has been dismissed. Aggrieved by the same, Plaintiff has preferred this appeal and by order dated 13.12.1996 appeal has been admitted on the following substantial questions of law:

(3.) CASE of the Plaintiff further is that Defendant No. 2 Lal Chand never resided in the suit house and he had gone Bhilai -Charoda for business purpose and presently he resides at Sobhani in the district of Rajnandga on. According to the Plaintiff Lal Chand has no title over the suit house and the sale deed executed by him in favour of his brother -in -law Defendant No. 1 Prithwiraj on 2.8.1972 for a consideration of Rs. 3,000/ - is illegal. It is the assertion of the Plaintiff that on the basis of the aforesaid sale deed, Defendant no 1 broke open the lock, took possession of the house and removed the iron chest. Further case of the Plaintiff is that Defendants 1 and 2 have no right to induct Defendant No. 3 as the tenant. In the aforesaid premises, Plaintiff filed the suit for possession, for value of the iron chest as also for damages at the rate of Rs. 50/ - per month till the possession of the house is restored to him.