- (1.) The defendant-Om Prakash has filed the present first appeal under Section 96 of the Code of Civil Procedure against the plaintiffs/decree-holders Smt.Shashi w/o Late Shri Narendra Kumar and her son Shailendra, aggrieved by the decree of possession dated 13.12.1999 in Civil Original Suit No.120/89 Smt.Shashi & Anr. Vs. Om Prakash passed by the learned Additional District Judge No.3, Jodhpur, in respect of plot No.27 its western side portion measuring 60 x 45 feet situated at Bheru Vilas, near Sardar Club, Jodhpur.
(2.) The plaintiffs filed the suit for possession on the ground that the plot No.27 measuring 90 x 60 feet was purchased by Late Shri Narendra Kumar, the husband of the plaintiff-Smt.Shashi, and his brother Lakhpatraj through their father Pukhraj alongwith three other plots No.1, 18, 22 & 27 for a sum of Rs.4500/- way back on 30.05.1966 by registered sale deed Exhibit-1 and by Exhibit-2 relinquishment deed, the share in the said plots of land of father Pukhraj, mother Smt.Sumitra Devi and brother Lakhpatraj was relinquished in favour of the plaintiff No.1-Smt.Shashi Jain, whose husband Narendra Kumar unfortunately died after two years of their marriage at the young age of 23 years. The relinquishment deed was executed on 18.05.1987. The plaintiffs further claim that the defendant-Om Prakash was given permissive possession of the portion of the said plot No.27 as Chowkidaar/Caretaker, on which a two rooms' construction was also raised by the father Shri Pukhraj in the year 1985, but later on, upon revocation of such license or permission, when the possession of the said portion of the plot No.27 was claimed from the defendant, he disputed and denied the same, and therefore, the present suit was filed in the year 1989 seeking possession.
(3.) The defendant on the other hand, claimed that he was not in permissive possession of the said portion of plot No.27, but had purchased plot No.27-A measuring 60 x 45 feet from one Smt.Sheila Kumari holding Power of Attorney on behalf of her two sons, namely, Lalit Singh and Himmat Singh. The said Smt.Sheila Kumari was wife of one Shri Takht Singh, and being owner under the registered sale deed executed in his favour Exhibit-A/1A dated 05.10.1983 for a sum of Rs.12,000/-, he was not liable to hand over the possession to the plaintiffs.;