NOORAHAMED ASHRIF Vs. HALIMABEE

JUDGEMENT

(1.) Appellant/plaintiff feeling aggrieved judgment of the first Appellate Court on the file of Prl. Civil Judge (Sr.Dn.) and JMFC, Hospet, in R.A.No.10/2008 dtd. 18/8/2008 preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of plaintiff can be stated in nutshell to the effect that plaintiff is owner of plaint schedule property having purchased from the erstwhile Smt.Asha Bee for Rs.11,000.00 under registered sale deed dtd. 29/3/2006. The plaintiff is in actual physical possession and enjoyment of the suit property since the time of its purchase. The vendor of plaintiff Smt. Asha Bee acquired title over the suit property through registered gift deed dtd. 27/6/1966 (wrongly mentioned in the plaint as 27/6/2006) from her mother Smt.Peerma Bee. The name of Smt.Peerma Bee was earlier appearing in the records and thereafter the name of plaintiff's vendor Smt. Asha Bee came to be recorded in the records of suit property. Thereafter, in view of the registered sale deed dtd. 29/3/2006, the name of plaintiff is entered in the records. The defendant Nos.1 to 4 have no right, title and interest over the suit property and they own houses and open space towards East, North and southern side of suit schedule property. They are interfering in peaceful possession and enjoyment of the suit schedule property and threatening plaintiff to dispossess from suit property. Therefore, plaintiff was constrained to file the suit on hand for the reliefs claimed in the suit.