AKSHAY KUMAR Vs. DR. BHAGWAT RANA

JUDGEMENT

(1.) This second appeal is directed against the judgment of the Judicial Commissioner-IX, Ranchi in Title Appeal No.80 of 2013 affirming the judgment and decree passed by the Additional Munsif-II, Ranchi in Title Suit No.20 of 2004.

(2.) The respondent in the present appeal was the plaintiff in the court below. The plaintiff is the father of the defendant (appellant in the present appeal). The plaintiff instituted the suit for ejectment of the defendant from the suit property, measuring 2 Kathas and 8 chhatacks situated over MS Plot No.1148, Sub Plot No.1148/K corresponding to Ranchi Municipal Holding No.904 and 904/A (new No.959) Thana No.210 situated in Village Siron, Gossai Tank Road, P.O. and P.S. Chutia, District Ranchi, comprising of three storied building.

(3.) The case of the plaintiff is that he had purchased the suit property from Smt. Usha Sachdeva and Om Prakash Sachdeva through their attorney Yashpal Anand vide registered sale deed on 15.12.1987. That after getting his name mutated in the shirista of the State and the Municipal Corporation and after demolishing the old house he constructed a three storied building. He had obtained loan from Bihar State Housing Cooperative Federation Ltd. and Allahabad Bank for construction of his house. That the defendant is his son and is residing in a portion of the first floor consisting of two bed room, one latrine and one bath room. It is alleged that the defendant and his wife, i.e. daughter-in-law of the plaintiff, were having greedy eyes on the self-acquired property of the plaintiff. The defendant wanted to grab the property and had been threatening the plaintiff to handover the entire property to him. That due to the strained relationship and the antisocial activities of the defendant the plaintiff got a general notice published in the daily newspaper namely, Ranchi Express debarring the defendant from any right, title or interest over the said property. He also sent a legal notice dated 212.2003 asking the defendant to vacate the said premises within 15 days and on 16.01.2004 the plaintiff executed a registered Will in favour of his three daughters with respect to the three storied building. Thereafter the suit was instituted for ejectment of the defendant from the suit property detailed in the schedule of the plaint.