ARJUN PRASAD GUPTA Vs. RITA RANI GUPTA

JUDGEMENT

(1.) This second appeal has been filed by the Defendants Respondents-Appellants challenging the judgment and decree of the learned Court of appeal below by which the judgment and decree of the trial court was reversed and the claim of the sole Plaintiff-Appellant-Respondent was decreed.

(2.) The matter arises out of Title Suit No. 71 of 1992 (74 of 1997) which was filed by the sole Respondent claiming that the entire suit land was purchased by Jhaliya Devi vide registered sale deed dated 12.8.1947, who constructed the house and subsequently gifted the entire suit house with land in favour of her daughter-in-law, namely the Plaintiff vide registered deed dated 23.9.1979. On the said ground the following reliefs were sought:

(3.) The Defendants contested the claim of the Plaintiff stating that the suit property was purchased by Bhagwan Das in the name of his wife Jhaliya Devi on 12.8.1947 and the house was constructed by joint family out of joint family fund and hence the Plaintiff had no right to claim ejectment of the Defendants as Defendant No. 1 was the son of Bhagwan Das and Jhaliya Devi, whereas Defendant No. 2 was the wife of Defendant No. 1.