DEEPAK MAHESHWARI,J. - (1.) This appeal has been preferred by appellants-defendants against the judgment and decree dated 22.01.1997 passed by learned Addl. District Judge, Barmer in Civil Original Suit No. 2/92 whereby he has decreed the suit in favour of plaintiffs/respondents.
(2.) Facts in brief giving rise to this appeal are that plaintiffs/respondents filed a suit claiming possession of the disputed house from defendants along with mesne profit @ Rs. 300 per month till recovery of the possession and a sum of Rs. 10,800/- for use and occupation of the disputed property.
(3.) Claim over the property was laid by plaintiffs with the averments that their grand-father Jethmal purchased one property from Lakh Singh, Mool Singh etc. through sale deed dated 11.1.1935 and constructed his house. Other property was purchased by him through sale deed dated 03.10.1942 from Rug Singh and constructed his house thereon. By way of will dated 20.4.1977, he bequeathed the houses to plaintiffs' father Premchand and grand-mother Smt. Jeevni @ Jamna in respect of the houses purchased in the year 1935 and 1942 respectively. After death of Shri Jethmal in the year 1978, Premchand and Jamna became absolute owner of the property bequeathed to them. Shri Jethmal in his life time has bequeathed his other property situated in Ummedpur to his another son Devilal, defendant No. 1. As Devilal did not serve his mother Smt. Jeevni properly and plaintiffs used to take care of her, she bequeathed the property by way of will dated 12.2.1986 to plaintiffs. They used to live with their grand-mother in that house. Death of Smt. Jeevni took place on 1.3.1996. After the necessary rituals performed within 12 days of the death, Devilal raised a dispute regarding the house bequeathed to plaintiffs. Some criminal cases were registered between both the sides. On 13.5.1987, plaintiff Devilal forcibly entered into the house and took over its possession, for which a criminal case was also registered against the offenders on the same day. In background of these facts, suit has been filed along with relief claimed as mentioned above.;