MOHAMMED ABBAS @ C. IQBAL AHAMED Vs. JAIBUNNISA

JUDGEMENT

(1.) This is Defendants' second appeal against concurrent findings.

(2.) Respondent, since deceased, represented by her legal representatives, instituted OS No.280/2008 before the Principal Civil Judge & JMFC, Chitradurga, for the following reliefs:-

(3.) The case of the plaintiff was that one Fazlunnisa @ Hajuma, her mother, was the owner in possession and enjoyment of the suit schedule properties having fallen to her share in a registered partition deed dated 10.8.1987, whereafterwards, she executed a registered gift deed dated 27.3.2002 and put the plaintiff in possession of the suit schedule properties. It was alleged that the defendants who have no manner of right, title or interest over the suit schedule properties, when interfered with the plaintiff's peaceful possession and enjoyment of the said properties, during the second week of September 2006, resulted in the institution of OS No.240/2006 on the file of the I Additional Civil Judge [Jr. Dn.,] & JMFC, Chitradurga, arraigning appellants as defendants. In that suit, defendants having denied the execution of the gift deed, resulted in framing issue No.1 over proof of execution of the registered gift deed and after a trial, a finding in the affirmative, was recorded, holding that the plaintiff had proved execution of the gift deed by Fazlunnisa @ Hajuma.