DHARMRAO Vs. SYED ARIFA PARVEEN

JUDGEMENT

(1.) The respondent herein initially filed the suit for declaration of title in respect of 24 acres 28 guntas of land in Sy.No.107 of village Kusnoor, taluk and district Kalaburagi (for short, 'suit property') and perpetual injunction to restrain the defendants from disturbing her peaceful possession over the suit property. By amending the plaint, she claimed further declaration that three sale deeds dtd. 25/2/1995 executed by Abdul Basit in favour of the defendants did not bind her interest and that they were null and void.

(2.) For the sake of clarity and convenience, the parties are referred with respect to their ranks in the suit. Khudija Bee, the mother of the plaintiff became the owner of the suit property by virtue of a decree passed in O.S.No.68/1973. The plea put forward by the plaintiff was that her mother made oral gift of 10 acres of land out of the suit property in her favour on 5/12/1985 by delivering its possession to her and then on 5/1/1989, she executed a memorandum of gift evidencing the past oral gift. After the gift, there remained 14 acres 28 guntas in the possession of Khudija Bee. The plaintiff succeeded to the remaining extent of land of 14 acres 28 guntas after the death of Khudija Bee and thereby she became the owner of entire suit property.

(3.) The allegation against the defendants in the plaint is that on 14/10/2013, the defendants came near the suit property and tried to dispossess her on the strength of sale deeds said to have been executed on 25/2/1995 in favour of defendants 1 to 5 by one Abdul Bas who was not the owner of the suit land. The name of the plaintiff's father was Abdul Basit Saheb. Neither the plaintiff's mother nor the father executed any sale deed in favour of the defendants and therefore the sale deeds might have been created. Defendants asserted their right on the property and asked the plaintiff to hand over the possession to them. In these circumstances, the plaintiff was constrained to file the suit.