KANTI LAL Vs. SHANTI DEVI

JUDGEMENT

(1.) The present appeal has been filed against the judgment and decree dated 1-7-1980 passed by learned Additional District Judge, Sirohi in Original Civil Suit No. 3/75 whereby he dismissed the plaintiff's suit for declaration, recovery of possession after ejectment of the defendant-respondents and mesne profits of Rs. 820/- for use and occupation of the disputed premises up to the date of filing of the suit with further mesne profits at the rate of Rs. 40/- per month from the date of filing of the suit till recovery of possession from the defendant-respondents.

(2.) The brief facts necessary for disposal of the present appeal are that the plaintiff-appellant purchased a 'Parkota' (land closed with boundary wall) affixed with a wooden door from Shri Makna Ji through registered sale-deed Ex. 2 on 17-11-65. It is averred in the plaint that Shri Makna Ji was in possession of the land in dispute for the last 41 years from the date of purchase from Jodhpur Darbar in auction for Rs. 150/- in the year 1923. It is further averred that the possession of disputed 'Parkota' was given to the plaintiff-appellant on the date of sale-deed.

(3.) It is also averred in the plaint by the plaintiff-appellant that Shri Himmat Mal telephonically informed to plaintiff at Bombay in the first week of May, 1973 that his lock had been broken by defendant No. 2 Narain Lal and defendant No. 3 Babu Lal and they were making construction over his Parkota in question. The plaintiff sent his father from Bombay to Sumerpur. His father came to Sumerpur and made efforts to stop the defendants from raising construction over the disputed land but they refused to yield. Plaintiff's father came with a photographer to have photograph of the land in dispute but defendants Nos.2 and 3 threatened to beat them. Plaintiff's father then filed a criminal complaint under Sections 107/145, Cr.P.C. which was registered under Sections 107/145, Cr.P.C. and the same was dropped after expiry of six months. Later on, he came to know that defendant No.3-Babu Lal had executed a sale-deed in favour of defendant No.1 Smt. Shanti Devi wife of defendant No.2 Narain Lal. Resultantly, the plaintiff-appellant filed the present suit which was presented before the learned trial Court on 13-1-75 and was registered as Original Civil Suit No.3 of 1975 on 16.1.75.