GULAB SAHU Vs. MAHILA BITTI BAI

JUDGEMENT

(1.) This appeal has been filed by the appellant/defendant under Section 100 of Code of Civil Procedure, 1908 against the judgment and decree dated 8.8.2018 (Annexure A-1) passed by the Second Additional District Judge, Tikamgarh in Civil Appeal No. 53/2017 whereby the learned Judge of the lower Appellate Court has reversed the judgment and decree dated 30.6.2017 passed by the 6th Civil Judge Class-II, Tikamgarh in Civil Suit No. 09-A/2014 by which the respondent/plaintiff was non-suited by the learned Judge of the trial Court.

(2.) The brief facts of the case are that the respondent/plaintiff filed a civil suit for possession and mesne profit on the ground that plaintiff Mahila Bitti Bai is the daughter of Adku Sahu, who had bequeathed his properties to the plaintiff vide his Will dated 8.3.1979. It was mentioned in the aforesaid Will that is the owner of the properties mentioned therein and after his death, his wife Pyari Bahu would be the owner of all the properties and after her death, the plaintiff would be the owner of the properties. It is averred in the plaint that the plaintiff's father death took place in the year 1980 and her mother also passed away in the year 1984. In part of the property the plaintiff is residing with her husband and family and its western portion has also been mutated in the name of the plaintiff's husband, however, the eastern portion of the property the plaintiff's father had given to one Dayaram Sahu 50 years ago. Dayaram Sahu was nephew of the plaintiff's father. In the year 1983 Dayaram Sahu also gave a letter to the Panchas admitting that the aforesaid house in which he is residing belongs to plaintiff and since the said Dayaram Sahu had no issues and was dependent on the father of the plaintiff, Nagar Panchayat Baldevgarh mutated the name of Dayarama Sahu in their record so far as the eastern portion of the property is concerned.

(3.) Since the name of Dayaram Sahu was not mutated in accordance with law, the plaintiff filed an application for correction of the name and acting on the same the Nagar Panchayat Baldevgarh vide order dated 6.11.2009 mutated the name of the plaintiff in respect of the said property in which Dayaram Sahu was residing. The plaintiff case was that Dayaram Sahu was residing in her house as a licensee only which actually belongs to the plaintiff, who is the owner of the property. The case of the plaintiff is that defendant Gulab Sahu entered into the house of the Dayaram on the pretext of performing his last rites and after entering into the house he has illegally occupied the same.