JUDGMENT :

1. The instant appeal has been preferred by the plaintiff against the judgment and decree dated 5.10.2010 passed by 9th Additional District Judge (FTC), Raipur in Civil Suit No.41A of 2006.

2. Plaintiff/Appellant Santosh Kumar Sahu filed a suit, being Civil Suit No.41A of 2006 before the Trial Court for vacant possession of the suit house and also for damages against the defendants/Respondents. Original defendant 1 Budhram Sahu died during pendency of the civil suit. Defendants 1-A to 1-E/Respondents 1 to 6 are legal representatives of deceased Budhram Sahu. Deceased defendant 1 Budhram Sahu and defendant 2 Smt. Motimbai are brother and sister of the father of the plaintiff, namely, Maujiram Sahu. The suit house bearing No.37/458/1 situated at Jawaharlal Nehru Ward No.37, Jorapara, Raipur was owned by Devantinbai, mother of original defendant 1 Budhram Sahu. It was pleaded by the plaintiff that on 21.2.1997 Devantinbai executed a will (Ex.P2) in favour of the plaintiff. On the basis of the said will, after the death of Devantinbai, the plaintiff became owner of the suit house. His name is also mutated in the records of Municipal Corporation, Raipur. It was further pleaded