BASHEER AHMED Vs. BASHEER HUSSAIN

JUDGEMENT

(1.) The present appeal is filed by the appellants/defendants Nos.1 to 5 aggrieved by the judgment and order dtd. 8/7/2011 passed in R.A.No.63/2008 on the file of the I Addl. District and Session Judge, Bidar (herein after referred to as 'First Appellate Court') by which the First Appellate Court while allowing the regular appeal filed by the respondents/plaintiffs set aside the judgment and decree dtd. 18/3/2008 passed in O.S.No.25/2006 on the file of the Civil Judge, (Sr.Dn.) Humanabad, camp Basavakalyan (hereinafter referred to as 'trial Court') and consequently decreed the suit declaring the plaintiffs are the owners in possession of the suit property and that deeds of sale executed by defendant No.1 in favour of defendant Nos.2 to 6 are null and void and inoperative and also granted relief of permanent injunctions.

(2.) The parties are referred to by their rank before the trial Court.

(3.) The brief facts of the case are that; the plaintiff filed the above suit seeking declaration of the ownership and permanent injunction in respect of land bearing SY.No.190/1 measuring 3 acres situated at Chitguppa village, Humanband Taluk (hereinafter referred to as 'suit land') and also for relief of declaration to the effect that registered deed of sale executed by defendant No.1 in favour of defendant Nos.2 to 6 are not binding on him on the premise that he is the absolute owner in possession of the suit land having acquired the same in terms of a grant made under the C-Form dtd. 8/12/1977 by the Tahsildar Humanabad, vide No.LND/ASM/77-78/62-60 as he was a landless person. That ever since the grant of land the plaintiff is in actual possession and enjoyment of the suit land.