MOHD YINUS Vs. MAHBOOB BI

JUDGEMENT

(1.) THE appellants/defendants -1 and 2 have come up with this appeal challenging the judgment and decree dated 13. 3. 1995 passed by the Principal Munsiff, Bidar which has been confirmed by the principal Civil Judge (Senior Division) in R. A. No. 26/1995, dated 19. 3. 2002.

(2.) FOR the sake of convenience, the parties will be referred to by their ranking before the trial Court.

(3.) THE brief facts of the case are that the plaintiffs have filed the suit before trial Court against defendants seeking for the relief of declaration and perpetual injunction in respect of suit house bearing Panchayat No. 1/ 63 situated at Kumbarvada Village, Bidar Taluk and District. According to plaintiffs, plaintiff No. 1 is the mother of plaintiffs 2 to 4, defendant No. l is the sister's son of plaintiffno. l defendsnat No. 2 is the husband of defendant No. l' sister. According to plaintiffs, they are the absolute owners and possessors of the suit house; that the husband of plaintiff No. 1 late abdul Khader and defendant No. 3 Rasool Khan have purchased the suit house bearing No. 1/63 and 1/64 jointly from one Manikappa Koli; that after the death of Abdul Khader oral partition took place between defendant no. 3 and plaintiff No. 1 with regard to the said purchased house that as per the said partition the suit house No. 1/63 has been allotted to the plaintiff's share and house No. 1864 was allotted to defendant No. 3 Rasool khan; that after partition a memorandum of partition was prepared and signed by the plaintiff No. 1 and defendant No. 3 on 24. 11. 1984; that the original sale deed is in possession of the said defendant No. 3 and is now colluded with defendant Nos. 1 and 2; that plaintiff No. l applied for the mutation of the suit house before the Gram Panchayat Mailoor and accordingly it was mutated in the name of plaintiff No. l on 18. 3. 1985; that the name of the plaintiff No. 1 is entered in the panchayat records as owner and possessor of the suit house for the year 1985-86 and 1986-87; that the plaintiff has paid the panchayat taxes in respect of the suit house; that the defendants are not concerned to the suit house, however they are interfering with the possession of the plaintiff's and are denying the title of plaintiffs over suit property at the instigation of defendant No. 3. Hence they filed the suit, seeking for the aforesaid reliefs.