RAMA DEVI Vs. SAMTA KUMARI DEVI & ORS

JUDGEMENT

(1.) The appellant-defendant has filed the present appeal under Section 100 of CPC challenging the judgment and decree dated 7.7.11 passed by the Addl. District Judge (FT) Sawaimadhopur (hereinafter referred to as 'the appellate court') in Civil Appeal No. 70/09 (14/08), whereby the appellate court has dismissed the appeal and confirmed the judgment and decree dated 15.4.08 passed by the Civil Judge (SD), Sawaimadhopur (hereinafter referred to as 'the trial court') in Civil Suit No. 01/05 (55/05).

(2.) The short facts giving rise to the present appeal are that the respondents-plaintiffs had filed the suit seeking possession of the suit premises from the appellant-defendant alleging interalia that the respondent No.1-plaintiff No.1 was handed over the possession of the suit premises from the appellant in the execution proceedings being No. 8/87 in respect of the decree dated 5.3.87 passed in Civil Suit No. 73/85 and accordingly the plaintiffs were in possession of the suit premises. According to the respondents-plaintiffs, the respondent No.1 was an old widow lady who had gone to her parental house alongwith plaintiff No.3 on 9.7.02 and the plaintiff No.2 was serving at Gangapurcity at that time, and hence the appellant-defendant taking undue advantage of the absence of respondents-plaintiffs broke up the lock of the suit premises put by the plaintiffs and took the possession of the suit premises illegally. The plaintiffs having come to know about the same had filed the criminal complaint, however no action was taken by the police and therefore the suit was filed. The said suit was resisted by the appellant-defendant by filing the written statement contending interalia that the suit premises was built up by the defendant after the Gram Panchayat Kundera had issued Patta in her favour on 15.3.74. According to the appellant-defendant she had put up construction of the house from her own funds and, therefore, the plaintiffs had no right in the suit premises.

(3.) The trial court after appreciating the evidence on record decreed the suit of the respondents-plaintiffs and directed the appellant-defendant to handover the possession of the suit premises and also directed to pay the mesne profits at the rate of Rs. 100/- per month from the date of filing of the suit till handing over of the possession of the suit premises vide the judgment and decree dated 15.4.08. Being aggrieved by the said judgment and decree the appellant had preferred the appeal before the appellate court which also came to be dismissed by the impugned judgment and decree dated 7.7.11.