SHERALI Vs. SAIYAD ISRAR ALI

JUDGEMENT

(1.) Heard on admission.

(2.) This second appeal under Section 100 of the Code of Civil Procedure has been filed against the judgment and decree dated 30-11-2005 passed in the Additional District Judge, Mungeli in Civil Appeal No. 12-A/ 2005 whereby the appeal preferred by the appellants against the judgment and decree dated 21-9-2004 dismissing the Civil Suit No. 7-A/1988 passed by the trial Court has been dismissed. (The parties hereinafter shall be referred to as per their description before the trial Court.)

(3.) Briefly stated the case of the plaintiff is that the suit land described in Schedule A and B of the plaint was ancestral properly of late Gafur Ali. It was never partitioned. The widow of Gafur Ali is an old lady and was incapable of taking any decision. Gafur Ali died issueless. The defendant does not belong to the family of the plaintiffs and late Gafur Ali never made any gift with respect to 2.15 acres of land. The gift deed dated 18-7-1984 is fake. Gafur Ali was suffering from paralysis in the year 1983-84. Gafur Ali never made oral declaration about gifting the suit land to the defendant and the defendant has illegally got his name recorded over the suit land. Khatija Begum has also died in the year 1989 and they are her successors. Though Shakira Begum the widow of Maksood Ali was not inclined that her name should be added, since her name has not been included as plaintiff, nevertheless she reposes full confidence on the plaintiffs and with these pleadings, a declaration has been sought that the plaintiffs and the defendant No. 3 are title holders and possessors of the suit property. -