APPASAHEB Vs. ABDUL MAJID MOHIDDINSAB NAIK

JUDGEMENT

(1.) Though this matter is listed for orders today, with the consent of both the parties, matter is taken up for final disposal.

(2.) The brief facts, which are necessary for disposal of the appeal are as under:

(3.) A suit came to be filed in O.S.No.159/2011 by Sri.Taufiq Mohammed Munner Naik contending that defendant is a grand father of the plaintiff who is the owner of the property and defendant has succeeded to the suit property through his father. Plaintiff is the owner who is in actual possession of the suit property and taking care of defendant. Defendant has four sons namely Mohammed Yusuf Abdul Majid Naik, Mohammed Alim Abdul Majid Naik, Harun Abdul Majid Naik, and Tqufiq Mohammed Munir Naik and two married sisters namely Rahamatbi and Parveen. It is further contended that by virtue of arrangement made by the defendant, plaintiff became the owner of the land bearing Sy.No.266/1 measuring 3Acres 03 Guntas. It is contended that despite oral Hiba made by the defendant there was interference. Therefore, plaintiff was constrained to file a suit for permanent injunction.