SMT. KAMLA DEVI Vs. RAJENDRA

JUDGEMENT

(1.) The preset appeal under Section 100 of the Code of Civil Procedure has been filed by the appellants-defendants against the judgment and decree dated 13.09.2017 passed by the learned Additional District Judge, Merta (hereinafter referred as the "Appellate Court") in Civil Appeal Decree No. 57/2015, whereby the judgment and decree dated 20.11.2010 passed by the learned Civil Judge (Junior Division), Merta (hereinafter referred as the "Trial Court") in Civil Original Suit No. 99/2003, decreeing the suit of the plaintiffs, has been affirmed.

(2.) The requisite facts for the purpose of deciding the present second appeal are that the plaintiffs (respondents No.1 to 3 herein) had filed the suit for taking possession of the residential house in question, after serving a notice under Section 106 of the Transfer of Property act.

(3.) On the basis of the pleadings of the parties, the learned Trial Court had framed the following five issues:-