HIRADASI MODAK Vs. GURUBARI KUMBAR @ PRAJAPATI AND OTHERS

JUDGEMENT

(1.) This appeal is by the plaintiff. The suit was for declaration of right, title and interest over the suit land and permanent injunction.

(2.) The case of the plaintiff was that the suit land was originally belonged to Ram Dash Kumbhar @ Prajapati, predecessorin-interest of the defendants. Ram Dash Kumbhar entered into an agreement for sale with the plaintiff on 16.71 for a consideration of Rs.2400/-. The plaintiff paid an amount of Rs.1000/- on 16.71.

(3.) The defendants filed written statement denying the assertions made in the plaint. The case of the defendants was that the defendant no.1 permitted the plaintiff to occupy a portion of the suit land, constructed a building at her own cost subject to the condition that the monthly rent of Rs.100/- to be adjusted towards construction of the house. The plaintiff is a tenant. She had not perfected title by way of adverse possession.