SHRI RAM Vs. KAMLA DEVI

JUDGEMENT

(1.) THIS regular second appeal has been filed against the judgment and decree dated 20.4.2011 passed by the Additional Civil Judge (Senior Division), Gohana whereby the suit of the plaintiff has been decreed and the judgment dated 7.2.2014 passed by the Additional District Judge, Sonepat, whereby the appeal against the judgment and decree of the trial Court was dismissed and the findings of the trial Court were affirmed.

(2.) THE plaintiff -respondent (hereinafter referred to as 'the plaintiff') have filed a suit for possession based on a judgment and decree dated 30.3.2000, whereby the house in question was decreed in favour of the plaintiff. The defendant -appellant (hereinafter referred to as 'the defendant') by filing a written statement took the stand that as per the family settlement arrived at between the parties, the house in question had come in the share of the defendant and another house in the name of Jai Narain, husband of the plaintiff. Since the time of the said family settlement, defendant was residing in the suit property peacefully. The parties led their respective evidence.

(3.) TRIAL Court decreed the suit of the plaintiff as per the judgment and decree dated 30.3.2000 Ex. PW/D and Ex. PW/F respectively. Suit property had been transferred in the name of the plaintiff by her husband. Annexure A -1 shows that Jai Narain had appeared and stated that the suit property was in his name and as per the family settlement arrived at between the parties in the year 1998, possession of the suit property was delivered to the plaintiff.