RAMNIWAS SHARMA Vs. JASODA BAI

JUDGEMENT

(1.) This revision is directed against judgment and decree dated 4th December, 08-passed by the court of Additional Judge to the court of First Additional District Judge, Gwalior in Civil Suit No.29-A/08, filed under Section 6 of the Specific Relief Act. 1963.

(2.) Plaintiffs instituted a suit mainly with the allegation that the suit house situated at Narayani Bai Ki Ganji, Shinde Ki Chhawni, Bijali Ghar, Lashkar Gwalior bearing Municipal Number 1174 Ward No.32(old number 1046 Ward No.32 and earlier number 943 Ward No.23) was owned and possessed by the plaintiffs which was entered into the municipal record in the name of Sunderpal, husband of the plaintiff No.1 and father of plaintiff Nos.2 to 6. Plaintiffs used to reside in the suit house. However due to the absence of facility of water and electricity and further due to its dilapidated condition, plaintiffs kept there old domestic material inside and put a lock over it and shifted to their another house in the same area. They used to keep supervision over it up to August, 06. However, the entire family in the month of September,06 fell sick by "Chikanguniya" and they failed to visit the house for a month. During this period, defendant demolished the plaintiffs' construction and constructed two Pucca rooms after removing the belongings of the plaintiffs which were kept inside the suit house. The suit house was surrounded by various properties belonging to the community of the defendant, therefore, the plaintiffs could not come to know about their forcible dispossession and construction made by the defendant.

(3.) Plaintiff No.1 is a poor widow and employed as a peon in A.G. Office. On 1/10/06, she lodged a report with the police station Jayendraganj, Gwalior. When no cognizance was taken on her report, she made a written complaint to Municipal Corporation, Gwalior on 5/10/06. Again no heed was paid. However, the defendant completed the construction and occupied the suit house forcibly, hence the suit was instituted on 18/10/06 with a prayer for restoration of possession.