SHANKAR LAL Vs. SHANTA KUMARI ALIAS SHANTI BAI

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 09.05.1990 passed by Additional District and Sessions Judge, Rajsamand, whereby the suit preferred by plaintiff/respondent-Shanta Kumari was decreed in her favour for possession and mesne profits relating to plot No.6A situated in Jawahar Market, Amet, Rajsamand.

(2.) Plaintiff-Smt. Shanta Kumari filed the suit on 01.08.1985 against the defendants for possession of suit plot and for mesne profits. The plaintiff's case in brief was that she owned a plot bearing No.6A in the town of Amet in Jawahar Market. She used to live at Bombay with her husband, Vardhi Chand (defendant No.2). The defendant No.1, who is the elder brother of her husband, about a year before filing of the suit kept his stones on the plot in question but she did not object. She wanted to raise construction on the plot and therefore, she asked the defendant No.1 to remove his stones from the plot in question. She also gave a registered notice to the defendant No.1. The defendant No.1 did not remove his stones and instead replied that according to the Panch Award dated 29.03.1980 it was decided that Vardhi Chand (defendant No.2) would pay Rs.32,000/- to the appellant by Ashad Sud Punam Samvat Year 2037 but as the amount was not paid by the husband of the plaintiff (defendant No.2) he sold the plot in question to him (appellant) for the said amount and the appellant was in possession of the plot in question as owner. The plaintiff alleged that the above reply of the defendant No.1 was false and therefore she filed the aforementioned suit for possession of the plot in question and mesne profits at the rate of Rs.100/- per month.

(3.) The defendant No.2, the husband of the plaintiff, remained absent inspite of service and order for taking ex parte proceedings against him was made.