BANSHI LAL Vs. RAJ BAI

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This second appeal is against the judgments and decrees of the two Courts below by which the trial Court dismissed the suit filed by the plaintiffs for possession of the property in dispute against the defendantrespondents by judgment and decree dated 11-9-1990 and against which, the first appeal, was dismissed by the first appellate Court by judgment and decree dated 22-7-1999.

(3.) Brief facts of the case are that the plaintiffs Kalicharan, Shrinivas and Bhagwati Lai submitted that they are owners and are in possession of the property mentioned in para No. 1 and described in para No. 2 of the plaint. The defendants ancestor Kalyan Mai was brother in near relation of the plaintiffs, as they are also coming from the family of one common ancestor Sukhdeoji. It is stated that after the purchase of the big property (Nohara), the plaintiffs proceeded to take possession of the Nohara from the deceased Kalyan Mai. The plaintiffs offered Kalyan Mal Rs. 750/- (how Kalyan Mal came in possession and why plaintiffs offered above amount to Kalyan Mal is not mentioned in the plaint). At this time Kalyan Mai requested plaintiffs that he may be permitted to live in two rooms situated near the pole of Nohara as he is not having other place and house to live. The plaintiffs accepted the request of Kalyan Mal and gave these two rooms to deceased Kalyan Mai for his residence. In the year 1970, the plaintiffs told Kalyan Mal to vacate the rooms upon which deceased Kalyan Mal sought further time of three years by which he will take another house and will handover the possession of the rooms to the plaintiffs. In these circumstances, the plaintiffs permitted Kalyan Mal to live in the rooms for three years more. Kalyan Mal expired in the year 1971 and since the children of deceased Kalyan Mal were of tender age, therefore, the plaintiffs did not insist for possession of the rooms. In the year 1976, the plaintiffs requested defendant Nos. 1, 2 and 3 to handover the possession of the rooms upon which they denied. Not only this but defendants, to humiliate the plaintiffs, got a suit instituted through one Bal Kishan for injunction against the plaintiffs about one plat-form (Chabutri) situated outside the house. That suit was pending in the Court of Munsiff at the time of filing of present suit by the plaintiffs. The defendants on 9-6-1978, prepared for raising construction in the property, therefore, the plaintiffs filed the suit before the trial Court on 24-7-1978 seeking relief of possession of the rooms as well as for injunction against the defendants. During pendency of the suit in trial Court, the plaintiff No. 1 Kalicharan died and his legal representative were taken on record.