SABIR HUSSAIN (DEAD) Vs. SYED MOHAMMAD HASSAN (DEAD)

JUDGEMENT

(1.) Aggrieved against the judgment dtd. 11/11/2008 passed by the High Court(High Court of Madhya Pradesh Bench at Indore) in Civil First Appeal(Appeal No. 128 of 1995), the respondents are before this Court.

(2.) The trial court(15th Additional Judge, Indore to the District Judge, Indore, (MP)) had decreed the suit(Civil Suit No. 2A/1993) filed by the predecessor-in-interest of the appellants, whereas the High Court had reversed the judgment and decree of the trial court, i.e., the judgment impugned in the present appeal.

(3.) The brief facts to be noticed are that Kallu Bhai purchased the property in dispute(House No. 24, Chhatripura Main Road, Indore City) from Amanat Ali in the name of Mohd. Jafar vide registered sale deed dtd. 3/4/1913. Mohd. Jafar was the son of brother of Late Kallu Bhai. At that time, Mohd. Jafar was stated to be three years old. Kallu Bhai died issueless on 25/10/1952. His first wife had pre-deceased him. On 27/8/1970, Bashirun Nisha, the second wife of Late Kallu Bhai, died. The defendant-respondent-Syed Mohd. Hasan was 7-8 years old when his mother died. He was brought by Late Kallu Bhai to live with him. Late Mohd. Jafar was not keeping good health. On 5/11/1975, Late Mohd. Jafar entered into an agreement to sell the property in favour of Raza Hussain, which was purchased by Late Kallu Bhai in his name in the year 1913. The sale deed was got registered on 20/11/1975 in favour of Raza Hussain. On 17/1/1977, Raza Hussain filed suit against Syed Mohd. Hasan praying for restoration of possession of the property in dispute and claiming damages from 26/10/1976 onwards. The trial Court decreed the suit on 24/4/1995, whereas the High Court in first appeal filed by Syed Mohd. Hasan reversed the judgment and decree of the Trial Court.