SURENDRA PRAKASH Vs. MEGHRAJ

JUDGEMENT

(1.) The present second appeal has been preferred against the judgment and decree dtd. 26/2/2015 passed by the Additional District Judge No.3, Bikaner in Civil Appeal No.112/2012 whereby the appeal against the judgment and decree dtd. 21/3/2007 passed by the Additional Civil Judge (Jr. Division) No.2, Bikaner has been dismissed and the judgment of the trial Court decreeing the suit of the plaintiff for possession has been affirmed. The brief facts of the case are as under:

(2.) The plaintiff Meghraj son of Gordhandas preferred a suit for possession and mesne profits against the defendants with a submission that the residential property in question was purchased by his father Gordhandas in the year 1941 but Gordhandas, just for the satisfaction of his father Balkishan, got the patta of the said property prepared in the name of Balkishan.

(3.) Subsequently, because of the fact that the property was purchased by Gordhandas only, Balkishan executed a will dtd. 11/7/1949 in favour of Gordhandas which was registered on 13/7/1949. In the year 1970, vide a registered sale deed dtd. 13/2/1970, the suit property was sold by Gordhandas to his son Meghraj, the plaintiff and since then he is in possession being the owner of the property. In the year 1975, half of the property was encroached upon by Vishnu Dutt, brother of the plaintiff and father of the defendants. It has been averred in the plaint that possession of Vishnu Dutt Joshi on the suit property was illegal and after his death, that of the defendants is also illegal and the plaintiff is entitled to get back the possession of the property, he being the rightful owner of the same. A prayer for mesne profits qua the user of the property was also made.