SHAIK SHARAFF UDDIN Vs. ABDUL KARIM

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the Court of the City Civil Judge, Bangalore in O.S. No. 7136/2009 insofar as it relates to 'A' schedule property.

(2.) The facts of the case in brief are that the Appellants claim to have purchased the sites from Syed Makthiar Pasha, the general power of attorney holder of one Smt Vazira Bi and her children. The said Smt. Vazira Bi and her daughter, Razia Bi, it is claimed, got the properties in question by virtue of a registered Will, dated 29.05.1981 executed by Sri Shaik Kaladar Sab. The Appellants claim to have built the houses on their respective sites. They claim to have been paying the property tax to the local bodies.

(3.) At the other end of the spectrum, the Respondent No. 1 filed O.S. No. 534/2002 seeking the relief of permanent injunction in respect of the lands standing at Sy. Nos. 57/2 and 57/4 of Doddabettahalli village measuring 1 acre 2 guntas and measuring 16 guntas respectively. The suit was dismissed by the Trial Court by its judgment, dated 17.01.2008. Thereafter the Respondent No. 1 filed O.S. No. 7136/2009 for partition and separate possession of the suit schedule properties. The suit culminated in the compromise under the aegis of the Mediation Centre.