ABDUL JABBAR Vs. SYED ABDUL RAZACK AND OTHERS

JUDGEMENT

(1.) THIS appeal by the first defendant is directed against the judgment and decree, dated 7.7.2006, passed by the Fast Track Court V, Chickballapur, in R.A. No. 228/2002 reversing the judgment and decree passed by the Addl. Civil Judge (Jr. Dn.) and JMFC, Chickballapur, in O.S. No. 384/1989.

(2.) BY the judgment and decree dated 4.11.2002, the Trial Court has dismissed the suit of the plaintiff. Aggrieved by that, the first respondent -plaintiff has preferred an appeal in R.A. No. 228/2002. The Appellate Court by its judgment and decree dated 7.7.2006 has allowed the appeal and reversed the judgment and decree passed by the Trial Court declaring that the plaintiff is the owner of the suit schedule property and directing the appellant to hand over vacant possession of the room in the occupation of the appellant.

(3.) BRIEFLY stated the facts are: The first respondent -plaintiff filed suit in O.S. No. 384/1989 for declaration and possession of portion of the suit schedule property. The case of the first respondent -plaintiff was that he is in possession and enjoyment of the house property described in the suit schedule having acquired it through registered sale -deed dated 24.12.1974 from Sri. Abdul Rehaman. The vendor of the plaintiff acquired the suit schedule property through registered sale -deed dated 15.11.1971 executed by Sri. Shaik Hussain, the father of the first defendant. The sale in favour of the plaintiff was made by his vendor with the consent of Shaik Hussain. After the sale, the plaintiff has been in possession and enjoyment of the suit schedule property.