RADHA TAMOLIN Vs. DURGAWATI DEVI

JUDGEMENT

(1.) This is an order on hearing the appeal under Order XLI, Rule 11 of CPC.

(2.) Appellant Radha Tamolin filed Title Suit No. 185 of 1990 against respondents Durgawati Devi and Chhedi Sao for declaration of her title over the land described in schedule I of plaint (hereinafter referred to as the "Suit land") and also for removal of encroachment from the suit land within the time fixed by the Court failing which removal of encroachment through the process of Court.

(3.) The case of appellant-plaintiff was that the land measuring five decimals of land of plot No. 715 under khata No. 156 with house and sahan was recorded in the name of Raghunath Tamoli and after his death, his widow Budhiya Tamolin inherited this land and came in possession over the same. She after some time through registered deed of gift, gifted this land to her brother Mahadeo Tamoli. Thereafter, in a partition which took place between Mahadeo Tamoli and his sister Butani Tamolin, Mahadeo Tamoli was allotted 2-1/2 decimals of the aforesaid land and he came in possession over the same which is the suit land. Mahadeo Tamoli sold this suit land through registered sale deed to Shri Makhan Lal Agarwal, Most Bibi Hasin Nisha and Reyasat Hussain and put the purchasers in possession and after sometime, these purchasers sold the suit land to plaintiff-appellant through registered sale deed dated 8.10.1966 for valuable consideration and put the plaintiff-appellant in possession. In the year, 1987-88, defendants made encroachment over the suit land and request of appellant to respondents for removing encroachment was put off and lastly on 12.9-1990, respondents refused to remove encroachment.