SUDHADEVI Vs. SHANTI DEVI

JUDGEMENT

(1.) This is a defendant's Second Appeal preferred under Section 100 of the Civil Procedure Code, 1908 (hereinafter to be called as "the Code" for short) against the decree dated 24-5-1993 passed by Shri Bhukhal Prasad, 7th Additional District Judge, Patna in Title Appeal No. 4 of 1991, affirming the judgment and decree dated 13-12-1990 passed by Sri Indu Bhushan Dwivedi, Muhsif Patna City in Title Eviction Suit No. 52 of 1985. The suit was filed by the plaintiff-respondent for evidence of the defendants appellants from the suit premises bearing Holding No. 222 consisting of six rooms on the ground floor and one room at the first floor with court-yard, stair case, two latrines, bath roam situate at Moholla Bari Patandevi within Alamganj Police Station in the District of Patna.

(2.) The averments in the plaint were that the plaintiff was the owner and in possession of the pucca house situate at Bari Patandevi Colony bearing Holding No. 222/A/20 and Ganga Bridge Colony under Plot No. 20/A. The plaintiff inducted defendant Nos. 1 and 2 as a tenant on payment of monthly rental of Rs. 100/-and the defendants under took to vacate the suit premises in the month of June, 1985, but they failed to do so and also stopped payment of rent from January 1983 till the date of the suit, which comes to Rs. 3200/. It is further stated that the house in question was construced by the plaintiff for her own purpose and the plaintiff required the suit premises for her personal necessity. A legal notice was also sent but the defendants did not vacate the suit premises. Hence the present suit was filed.

(3.) The defendants also contested the suit alleging that the plaintiff's husband was, no doubt, the owner of plot No A-20. After his death the plaintiff and her son gave the land in question to defendant No, 1 by an oral deed of gift dated 19-4-1976 (Ext. A) and thereafter the defendants raised construction. It if further alleged that neither the plaintiff is owner of the land the question nor she is entitled to the relief claimed.