SAJIDA Vs. BIBI JAN

JUDGEMENT

(1.) Heard the learned counsel for the appellants and also the learned counsel for the respondents.

(2.) The parties are referred to as per their original rankings before the Trial Court, in order to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of case of plaintiffs before the Trial Court while seeking the relief of declaration of title and permanent injunction are in the alternative possession. It is contended that wet land bearing Sy.No.49 measuring 2 acres 32 guntas situated at Malandur village, Anandapuram Hobli, Sagara Taluk, Shivamogga District purchased by the father of the plaintiff under a registered sale deed dtd. 12/3/1949 from one Mastanbi who is the mother of the defendant No.2. It is also the case of plaintiff that the father of the plaintiff was in possession and enjoyment of the suit schedule property and the revenue entries also stands in the name of the father of the plaintiff. After his death, since the plaintiffs were minors, the property was managed by their uncles Mr.Mohammad Ghouse and Mr.Sheik Makthum Sab. When the plaintiffs have attained their majority started looking after the property and started cultivating the same. It is contended that since 1987-88 and 1988-89, the pahani entries are also stands in the name of plaintiff. It is contended that the defendant with the help of political persons and goonda elements started interfering with the peaceful possession of the plaintiff and hence the plaintiff filed the suit in O.S.No.88/1981 against the Mastanbi and the same was dismissed. The plaintiffs preferred an appeal in R.A.No.27/1989 and the same came to be abated after the death of the Mastanbi.