JAMUNA DEVI Vs. GIRIJA DEVI

JUDGEMENT

(1.) This appeal arises out of a suit filed by the appellant for eviction of respondent No. 1 from a house in Gaya town.

(2.) The house in question had been purchased by one Munder Kuer in 1917. According to the plaintiffs case, she was the concubine of the plaintiff's Mamu. She executed a deed of gift in 1947 in favour of the plaintiff but did not deliver possession and continued to stay in the house. In 1951, she filed a suit which was registered as Title Suit No. 102 of 1951 challenging the gift in favour of the present plaintiff on the allegation that it was brought in existence as a result of fraud and was inoperative. After the filing of the plaint, she executed another deed of gift on 16-11-1951 in favour of Basanti Kuer, defendant No. 1 in the present suit and Basanti Kuer was added as the second plaintiff in the suit. In 1952 Munder Kuer died and the suit was prosecuted by Basanti Kuer. On trial, it was dismissed in 1954, but defendant No. 1 continued in possession. She filed a title appeal which was dismissed on 8-7-1955. She then unsuccessfully came to this Court in S. A. 1216 of 1955. In spite of the plaintiff consistently succeeding in three Courts, the possession of the house remained with Basanti Kuer. The present suit was, therefore, filed on 12-1-1960 for her eviction.

(3.) In her written statement, Basanti Kuer reiterated the stand taken by her and Munder Kuer in the earlier suit and asserted title. She also pleaded limitation.