SHIV CHARAN Vs. POONI BAI

JUDGEMENT

(1.) In the present civil first appeal, preferred by and on behalf of appellant-defendant No.1 under Sec. 96 of the Code of Civil Procedure (CPC), challenge has been made to judgment and decree dtd. 14/11/1990 passed in Civil Suit No.4/1985 (7/1979) titled Mst. Pooni Bai Vs. Shiv Charan and others, passed by the Court of Additional District & Sessions Judge, Karauli, whereby and whereunder the civil suit for possession filed by respondent No.1- plaintiff Smt. Pooni Bai has been decreed and she has been held entitled to get possession of the portion of house, marked with "A" in the map, available on record as Exhibits 3, 4 & 5, from defendants. Since the defendant No.1 is in actual and physical possession over the portion of house marked as "A", in respect of which the decree for possession has been passed, therefore, only defendant No.1 has challenged the judgment and decree by way of present first appeal.

(2.) Heard learned counsel for both parties at length and scanned the record.

(3.) It is factually not in dispute that parties to the present lis belong to one family and are successors/legal representatives of late Smt. Laddu Bai. One Sh. Angad Singh and Smt. Pooni Bai, being natural heirs of Smt. Laddu Bai, were real brother and sister. Appellant-defendant No.1 Shiv Charan is natural son of late Sh. Angad Singh and respondents No.2 to 4 are other successors of late Sh. Angad Singh. After death of Smt. Laddu Bai, her daughter Smt. Pooni Bai instituted the present civil suit for possession against two sons and widow of late Sh. Angad Singh i.e. against her deceased brother's legal representatives. The civil suit has been decreed in her favour vide impugned judgment, which is under challenge in the present first appeal at the behest of appellants. During course of suit, the widow of Sh. Angad Singh passed away, hence his two daughters were also substituted and brought on record.