JUDGMENT :

Goutam Bhaduri, J.

1. Challenge in this appeal is to the judgment and decree dated 18-5-2018 passed by the Third Additional District Judge, Raipur, in civil suit No.115-A/2014 whereby the suit was partly allowed and ejectment to a portion of the suit house was passed. The instant appeal is by the defendant and the cross objection is also preferred by the plaintiffs.

2. A suit for possession was filed by respondents/plaintiffs in respect of house bearing No.48/1167 admeasuring 1710 sq.ft. wherein superstructure is raised over an area of 1300 sq.ft. (800 sq.ft. at ground floor, 500 sq.ft. on first floor and 500 sq.ft. is open) as also the claim for damages of Rs.1,000/- per day was made.

3. The respondents/plaintiffs filed the suit with the pleading, inter alia, that :

they had purchased the suit property on 7-2-2014 by way of registered sale deed from Sukriti Ranjan Das for a consideration of Rs.60.00 lacs and possession was given to them;

the appellant/defendant used to stay in the upper portion of the house with her father and after the sale deed was executed the plaintiffs were assured by the respondent that she would vacate the upper portion of house within 15-20 days.

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