ANIL KAPOOR Vs. SMT. NIRMAL GROVAR

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree dated 9 -3 -2010, passed by Additional District Judge No. 2, Sikar, the defendant -appellant has filed the present first appeal.

(2.) THE plaintiff -respondent, Ms. Nirmal Grovar, had filed a civil suit against the defendant -appellant for possession and permanent injunction. According to the plaintiff on 21 -12 -1976 her friend Ms. Janki Naiyar, and she had bought a plot, namely, Plot No. 23 old (New 2), Anaj Godam Street, Anand Nagar, Sikar, from the owner Ramesh Kumar, through a registered sale -deed. Both the ladies constructed a house over the said plot. Vide agreement dated 13 -11 - 1977, Ms. Janki Naiyar agreed that the house should be divided between the ladies. Since both the ladies were living together, the plaintiff claimed that she had looked after Ms. Janki Naiyar during her life. Because of love and affection Ms. Janki Naiyar had executed a will dated 25 -6 -1997, whereby she bequeathed her share of the property to the plaintiff. The plaintiff further claimed that on 12 -10 - 2000 the defendant and his parents, who were related to Ms. Janki Naiyar, came to their house and stayed there. However, just two days after their arrival, Ms. Janki Naiyar expired. Since they claimed to be the relatives of Ms. Janki Naiyar, they decided to stay in the house till the last rites and ceremonies were over. However, even after the rites were completed, they decided to illegally stay in the house. The plaintiff further claimed that the defendant and his family members have misappropriated the goods belonged to plaintiff. Lastly she claimed that she is entitled to mesne profit Rs. 36,000/ - as rent due against the defendants. Hence, a suit for possession and permanent injunction.

(3.) ON the basis of pleadings of parties, the learned trial court had framed nine issues. In order to prove her case, the plaintiff examined nine witnesses and exhibited ninety seven documents; the appellant examined four witnesses and exhibited twenty -six documents.