SUDAM SAHU Vs. KUNTALA SAHU

JUDGEMENT

(1.) The Appellant, by filing this Appeal under Sec. -100 of the Code of Civil Procedure, 1908 (for short, 'the Code'), has assailed the judgment and decree dtd. 7/5/2019 and 14/5/2019 respectively passed by the learned Additional District Judge, Khallikote in R.F.A. No.45 of 2019 (R.F.A. No.01 of 2009 (T)).

(2.) The suit i.e. Title Suit no.17 of 2001 filed in the Court of learned Civil Judge (Junior Division), Khallikote being dismissed by the judgment and decree dtd. 29/9/2004 and 12/10/2004 respectively, the Respondent (Plaintiff) filed the Appeal under sec. -96 of the Code. The First Appellate Court has allowed the said Appeal by its judgment dtd. 7/5/2019 followed by decree drawn on 14/5/2019. The right, title and interest of the Respondent (Plaintiff) over the suit house has been declared and the Appellant (Defendant) has been directed to vacate the suit house failing which the Plaintiff would recover the possession through the process of Court. The Appellant (Defendant) has also been directed to pay arrear house rent of Rs.1200.00 and damage @ Rs.100.00 per month w.e.f. 1/1/1997 till actual delivery of possession.

(3.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.