JADAV Vs. DHANNARAM

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against the judgment and decree dated 18.12.2008 passed by Additional District Judge No.2, Bikaner, whereby the appeal filed by the appellant against the judgment and decree dated 23.1.2002 passed by Civil Judge (Jr.Div.), Bikaner has been upheld.

(2.) The facts, in brief, may be noticed thus : the appellant filed a suit seeking possession and injunction of the suit property, inter-alia, with the averments that she was in possession of the suit property since the year 1969; on 17.6.1981, the property was transferred by Dhannaram defendant No.1 by way of an agreement to sale, whereafter she filed a suit against the Railway seeking injunction which suit was decreed in the year 1985; the plaintiff was dispossessed in the year 1988, however, the possession was restored back with the aid of the police; it was then claimed that on 18.10.1988, the plaintiff has again been wrongly dispossessed by the defendants No.2 & 3 Choru Lal and Kedar sons of Dhannaram. It was inter-alia prayed that the plaintiff is the owner of the suit property and has been wrongly dispossessed and therefore, the possession be restored to her.

(3.) A written statement was filed by the defendant No.2 Choru Lal disputing the averments made in the plaint. It was inter-alia claimed that Dhannaram had no right to transfer the suit property, inasmuch as, the suit property was purchased by him vide an agreement to sale dated 25.3.1974 from one Mooli Devi and ever since he was in possession of the suit property. The averments relating to dispossession etc. were denied.