LAXMI BALA PAL Vs. ARATI BALA PAL

JUDGEMENT

(1.) Both the second appeals arise from a common judgment dated 29.01.2015 passed by the learned District Judge, Gomati District, Udaipur in Title Appeal no. 27 of 2013 and Title Appeal no. 28 of 2013.

(2.) Both these appeals are between the same parties on the same subject matter relating to claim and counter claim against the judgment of the learned District Judge, Gomati District, Udaipur whereun the learned District Judge upheld the judgment of the learned Civil Judge, Senior Division, Gomati District, Udaipur (hereinafter referred to the trial court) decided in Title Suit no. 26 of 2011 and Title Suit no. 9 of 2012. The respondent no.1 filed the suit being Title Suit no. 26 of 2011 for declaration of title and recovery of possession. Learned trial Court on the basis of the khatian, registered sale deed and other relevant documents decided the case in favour of the respondent and decreed the suit and ordered for declaration of title, recovery of vacant possession of the suit land by way of eviction of the appellant Laxmi Bala Pal. Learned trial Court also decided the counter claim against the appellant who was the defendant in the suit being Title Suit no. 26 of 2011.

(3.) Heard Mr. B. Majumder learned counsel appearing for the appellants as well Mr. D.Chakraborty, learned senior counsel appearing for the respondent no.1 and Mr. A.Pal, learned counsel appearing for respondent nos. 2,3 and 4.