KUNDAN SONI Vs. DEVENDRA KUMAR SONI

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the matter is heard finally.

(2.) The plaintiffs/present respondents have filed a suit for possession over the suit property against the defendants/petitioners alleging that the suit property was purchased by plaintiff No.2 namely, Smt. Draupti Bai by registered sale-deed dated 20.07.2009 and also obtained possession of the same and accordingly her name was recorded in the revenue records and with her consent, name of her son/plaintiff No.1 was also recorded. It is also averred in the plaint that the defendant Nos. 1 to 3 are son of defendant No.4 and they reside together. It is also averred by the plaintiffs that the defendants are the lessees of the plaintiffs and they have been leased out half of the portion of the suit property temporarily on rent, but after asking them to vacate the premises, they have refused to vacate the same, therefore, the suit for possession has been filed.

(3.) The defendants submitted their written statements and filed a document titled as "Consent letter" ([1]) dated 03.12.2013 claiming that though the property got registered in the name of Smt. Draupti Bai, but their mother namely Munni Bai had spent half of the amount over the suit property and a consent letter was executed by Draupti Bai admitting the fact that as and when the defendants would be required to get half of the property, the same would be transferred by her in their names.