KASTU BAI Vs. OTARMAL

JUDGEMENT

(1.) THIS appeal under Section 100 CPC is directed against judgment and decree dated 18.10.2011 passed by Additional District Judge, Sumerpur dismissing the appeal filed by the appellants -defendants and affirming the judgment and decree dated 04.09.1997 passed by Civil Judge (Junior Division), Sumerpur, whereby, the suit filed by the plaintiffs for possession of house and plot of land was decreed.

(2.) THE facts in brief may be noticed thus : the respondents - plaintiffs, legal representatives of Shri Otarmal, Pukhraj, Nainmal and Banshi Lal filed a suit on 06.11.1989, inter alia, with the averments that a plot of land purchased by them was situated at Rebariyon Ka Baas, which was purchased by them by sale deed dated 06.05.1969, which was registered on 09.05.1969 from Kesari Mal and Gajja Ram for a sum of Rs.2,500/ - and by another sale deed dated 06.05.1969 registered on 09.05.1969 executed by Babu Khan for a sum of Rs.1,000/ -; the Patta of the plot was issued by Gram Panchayat, Takhatgarh on 26.12.1964 and was registered on 04.09.1968 in favour of Kesari Mal and another Patta in favour of Babu Khan on 03.04.1962; a wall was constructed by contractor Kamrudeen for a sum of Rs.2,751/ - in September and November, 1969; as the plaintiffs are involved in business and trade at Bombay and reside with their family at Bombay the defendants taking advantage of their absence trespassed on the said plot and constructed a room and a shade and, despite being told, they did not vacate the same and, therefore, the plaintiffs were entitled to seek possession of the said plot of land; on coming to know of the said trespass, the plaintiffs lodged an FIR with the Police, where after the defendants filed suit for injunction 32/89. Ultimately, decree was prayed for seeking possession of the suit property.

(3.) THE trial court framed eight issues. On behalf of the plaintiffs - nine witnesses were examined and several documents were got exhibited. On behalf of the defendants ­ five witnesses were examined and certain documents were exhibited.