HARDAS Vs. DHARMOO (DIED)

JUDGEMENT

(1.) This second appeal has been filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 18.12.1995 passed by the District Judge, Tikamgarh, in Civil Appeal No.3-A/1993, reversing the judgment and decree dated 7.9.1993 passed by the Civil Judge Class-I, Tikamgarh in Civil Suit No.5- A/1991 whereby the suit filed by the appellant/plaintiff for eviction and handing over possession of the disputed land to the appellant was decreed.

(2.) In the present case, the admitted facts are that with regard to the disputed land bearing survey no.378, 390, 475, total area 4.13 acres situated in village Pander, Tahsil and District Tikamgarh. Earlier appellant plaintiff filed a Civil Suit No.47-A/1977 against the respondent/defendant which was decreed by judgment and decree dated 24.7.1979. In the appeal bearing No.26-A/1979, the District Judge, Tikamgarh vide judgment and decree dated 1.2.1982 set aside the judgment and decree dated 24.7.1979 passed by Civil Judge Class I. Thereafter, appellant/plaintiff filed appeal before the High Court which was registered as S.A.No.183/1982 and by judgment and decree dated 7.7.1987 decree passed by the first appellate court was set aside and the judgment and decree dated 24.7.1979 passed by trial court was restored.

(3.) By the judgment dated 24.7.1979 passed by Civil Judge Class I, Tikamgarh, the appellant/plaintiff was declared owner of the aforesaid land and also found in possession of the land and respondents claim with regard to having possession for last 20 years was rejected. In other words, by the aforesaid judgment and decree appellant's title and possession on the aforesaid land was declared. Thereafter, on 21.2.1989 the appellant/plaintiff filed the present suit for possession of the aforesaid land against the respondent/defendant in which it is pleaded that despite the aforesaid earlier judgment and decree in favour of the appellant, the respondent has not parted with possession to the appellant/plaintiff. Hence, the respondent/defendant be directed to hand over possession of the land.