JUDGMENT :

1. This is defendant No. 4's first appeal under Section 96 of the Code of Civil Procedure arising out of judgment and decree passed by the learned District Judge (FTC), Dhamtari (C.G.) passed on 13.12.2010 in Civil Suit No. 12-A of 2010 filed by the plaintiff wherein in the suit filed by the plaintiff has decreed in favour of the plaintiff directing the defendant to give vacant possession of the suit property bearing Khasra No. 222/22 area 156 Sq.ft. within one month from the date of the judgment and decree.

2. For convenience plaintiff and defendant are termed as it exists before the trial Court.

3. The brief facts as reflected from the record are that plaintiffs have filed civil suit before the learned trial Court for grant of injunction and possession mainly contending that property bearing Khasra No. 222/22 area 156 Sq.ft. situated at village Kurud P.H. No. 29 Revenue Circle and Tahsil Kurud District Dhamtari situated in old Abadi land situated at Ward No. 14 was purchased through registered sale deed from defendant No. 1 executed on 24.07.2006 by plaintiff No. 2. It is contended that in the plot one Kaweli house in deteriorated condition constructed in 100 Sq.ft and op