- (1.) THIS second appeal under Section 100 CPC is directed against the judgment and decree dated 13.8.2010 passed by the Civil Judge (Sr.Div.), Shahpura, District Bhilwara, whereby the suit filed by the respondent -plaintiff for permanent injunction was decreed and judgment & decree dated 17.12.2013 passed by the Additional District Judge, Shahpura, District Bhilwara, whereby the appeal filed by the appellants has been dismissed.
(2.) THE plaintiff filed a suit for permanent injunction with the averments that the suit property was owned by Mst. Chand Bai, who had purchased it vide registered sale deed dated 12.10.1945. The said Chand Bai executed a Will in favour of the plaintiff, which was registered with Sub -Registrar, Shahpura and the said Chand Bai died on 27.10.1996. The plaintiff was in possession of a kitchen and a room attached to the said kitchen, though the premises consists of five rooms, a kitchen and a shop, rest of which is in possession of the defendants and on account of misbehaviour of the defendants, he had put locks on the part of the premises, which was in his possession and was staying in a rented accommodation. With the above averments it would prayed that the respondent be restrained from interfering in the possession of the room and a kitchen and if plaintiff is dispossessed during the pendency of the suit, the same be handed over back to him.
(3.) THE suit was resisted by the appellants -defendants on the ground that Chand Bai was Benami owner of the house as the same was purchased by Kishan Lal, her husband, who had mortgaged the property with Kallan Khan and the said Kallan Khan after receiving the mortgage money from the defendants have handed over the possession to them. The validity of the Will was also questioned. It was submitted that the kitchen and room have been locked by the plaintiff after leaving some belongings therein.;