ABHAY M.NAIK
Ramniwas Sharma – Appellant
Versus
Jasoda Bai – Respondent
Abhay M. Naik, J.— This revision is directed against judgment and decree dated 4th December, ’08 passed by the court of Additional Judge to the court of First Additional District Judge, Gwalior in Civil Suit No.29A/08, filed under Section 6 of the Specific Relief Act; 1963.
2. Plaintiffs instituted a suit, mainly, with the allegations that the suit house situated at Narayani Bai Ki Ganji. Shinde Ki Chhawni, Bijaji Ghar, Lashkar Gwalior bearing Municipal Number 1174 Ward No. 32(old number 1046 Ward No.32 and earlier number 943 Ward No.23) was owned and possessed by the plaintiffs which was entered into the municipal record in the name of Sunderpal, husband of the plaintiff No.1 and father of plaintiff Nos. 2 to 6. Plaintiffs used to reside in the suit house. However, due to the absence of facility of water and electricity and further due to its dilapidated condition, plaintiffs kept there old domestic material inside and put a lock over it and shifted to their another house in the same area. They used to keep supervision over it up to August, ’06. However, the entire family in the month of September, 06 fell sick by “Chikanguniya” and they failed to visit the house for a mont
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