MAHABOOBDAULA Vs. RAFUNA

JUDGEMENT

(1.) This appeal is filed by the defendant in O.S. No.257/2016 on the file of the Senior Civil Judge and JMFC, Raibag.

(2.) Plaintiff Nos.1, 3 and 5 are the daughters and plaintiff Nos.2 and 4 are the sons of Rasul Chamanmalik. The plaintiffs pleaded that the landed properties measuring 2 acres 20 guntas in Survey No.72/5, 33 guntas in Survey No.74/1, 35 guntas in Survey No.74/3, 4 acres 14 guntas in Survey No.74/5 of Kudachi village, Raibag taluk belonged to their father and even the revenue records stood in his name. The plaintiffs' father Rasul died on 15/4/2005. The defendant started interfering with possession of the plaintiffs after the death of their father on the basis of illegal and created documents. On 1/8/2016 the defendant came with his supporters and tried to dispossess them from the suit properties. The efforts made by the elders of the village to convince the defendant failed and therefore the plaintiffs approached the Court claiming declaration of their title over the suit properties and consequential relief of permanent injunction.

(3.) The defendant's main contention is that the suit properties do not belong to the plaintiffs because during lifetime of Rasul, he and his another brother Bavarddin executed two documents namely, Pramana Patra and Kabuli Patra, stating that they had no right of whatsoever in nature in the suit properties and that he could obtain the revenue records transferred to his name and they also gave varadi to this effect to the Tahasildar on 6/1/2006. The defendant also took another contention that the suit was bad for non joinder of necessary parties.