AYESHA KHANUM Vs. YOUNUS KHAN

JUDGEMENT

(1.) The appellant filed the present appeal against the order dated 08.01.2016 dismissing Misc. No.65/2004 filed under Order IX Rule 9 of Code of Civil Procedure, on the file of the II Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru.

(2.) The appellant herein filed O.S.No.186/1998 for declaration of title and permanent injunction in respect of the suit schedule property, contending that she is the absolute owner in possession and enjoyment of the suit schedule property by virtue of the registered sale deed dated 27.04.1992 and that the defendants have no manner of right, title or interest over the suit schedule property except 2 acres 22 guntas as already sold to one Channaveerappa. Therefore, filed the suit for declaration and permanent injunction.

(3.) The defendants filed written statement, denied the plaint averments and contended that the plaintiff has suppressed the material facts and has not come to the Court with clean hands. The second defendant further contended that his grand father Saheb Khan had two wives by name