AZEEZ KHAN Vs. ANWAR PASHA ALIAS KHASIM KHAN

JUDGEMENT

(1.) APPEAL filed against the judgment and decree passed by the third Additional Civil Judge, Bangalore in Original Suit No. 10296 of 1988. The appellant is the defendant in the suit. The plaintiffs are the respondents in this appeal filed the suit for recovery of possession of the suit property consisting of a room in the first floor of the premises bearing No. 24, Chowal Galli, Jumma Masjid Road Cross, bangalore measuring 10!x 20'.

(2.) ACCORDING to plaintiffs late Usman Khan who owned property gifted the same in favour of father of the plaintiffs in the year 1948 under registered gift deed. The defendant during that period had gone to Pakistan with a view to settle there. However he came back to India. The plaintiffs' father taking sympathy towards the defendant allowed him to reside in the suit schedule premises which happened somewhere in the year 1951. According to plaintiffs since that date the defendant is in permissive possession and enjoyment of the suit property. The father of the plaintiffs is said to have executed a gift deed in favour of the plaintiffs in the year 1958 bequeathing the suit property. After the demise of the plaintiffs' father, -the plaintiff demanded possession from the defendant which was refused. Therefore the present suit came to be filed.

(3.) THE appellant-defendant resisted the suit contending that he is residing in the premises in his own right as the property belonging to his father claims inheritance right denies the gift deed executed in favour of the father of the plaintiffs and as well the gift deed executed in favour the plaintiffs by their father and in alternative sets up piea of adverse possession. The defendant also denies the version that he migrated to Pakistan for some time in the year 1948 and thereafter came and settled in India. According to defendant, he has been in continuous possession and enjoyment of the suit property without interruption. The trial Court on. the consideration of the oral and documentary evidence decreed the suit of the plaintiff. Being aggrieved, the present appeal is filed.