BAJII ALIAS BAIJANATH Vs. NARAIN KRISHANA BAI

JUDGEMENT

(1.) APPELLANTS/defendants having unsuccess in both the Courts below have knocked the door of this Court under Section 100 of CPC being aggrieved by the judgment and decree dated 6th of August 1994, passed by Additional District judge, Narsinghpur in Civil Regular Appeal No. 6-A/84 confirming the decree for possession and perpetual injunction dated 13-3-1984 passed by IInd Civil judge, Class-II, Narsinghpur in Civil Original Suit No. 133-A/82.

(2.) THE predecessor of the respondents Narain had filed a suit for possession and perpetual injunction in respect of the house situated in village bauchhar Tahsil and District Narsinghpur, at Survey No. 429 against the appellants.

(3.) AS per plaint, the said property was purchased by the plaintiff from appellant No. 1 Bajji alias Baijnath for consideration of Rs. 600/- vide registered sale-deed dated 17-4-1973. The possession was not delivered to the predecessor of the respondents. Hence the suit for possession and damages / mesne profits was filed by the said predecessor against the appellant No. 1. The same was decreed on 8-11-1976. On not filing the appeal, the decree had become final. In execution of it, by breaking the lock the possession of the suit house was delivered to the said predecessor of respondents on dated 18-7-1977 by the court officials. Subsequent to it, on dated 27-7-1977, in the absence of the respondents' predecessor, the appellants has taken over the possession of the house unlawfully by breaking his lock. They were asked to return the same but not availed. A Criminal case was also registered against the appellants in this regard in which they were prosecuted and acquitted on account of benefit of doubt vide judgment dated 21-7-1980. Thus, the respondent has filed another suit for possession and perpetual injunction.