SUMATRA BAI Vs. ABDUL WAHID

JUDGEMENT

(1.) THE appeals have been preferred by the plaintiffs as well as by defendant Sumatrabai aggrieved by judgment and decree dated 20. 1. 1994 passed by Addl. District Judge, Sohagpur, in regular civil appeal no. 4-A/91 which was filed against the judgment and decree dated 31. 1. 1991 passed by Civil Judge Class-I, Camp Pachmadhi, in civil suit no. 3-A/87.

(2.) THE plaintiff Abdul Wahid filed the instant suit on the strength of registered sale-deed dated 3. 6. 1969 with respect to house situated in survey no. 93/207 purchased by him from one Chhotelal s/o dehla Katiya for a sum of Rs. 600/ -.

(3.) PLAINTIFF submitted that he obtained the vacant house from Chhotelal. He applied for mutation before the Cantonment Board, Pachmadhi. The house was mutated in the name of plaintiff abdul Wahid. Smt. Gindiabai was inducted by him as a tenant at Rs. 10/- per month. Gindiabai died on 11. 10. 86. After her death the possession was obtained by the plaintiff. Thereafter on 3. 12. 1986 defendant no. 1 Sumatrabai had illegally entered into the possession of the house without permission and knowledge of the plaintiff of which a written complaint (Ex. P. 3) was submitted at P. S. Pachmadhi. Police did not take any action. Notice was served to vacate the house. On failure to vacate the house by defendant no. 1, suit was filed.