KALIM BEG Vs. MEHBOOB HUSSAIN

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this defendant's second appeal states as under:

(2.) The plaintiff Mehboob Hussain filed bare suit for permanent injunction stating inter alia that he has purchased the suit land on 06/06/1959 from the father of defendant No. 1 namely Karim Beg by way of a registered sale deed and came into possession of the suit land, but defendants No. 1 & 2 got their names mutated after the death of the original seller i.e. Karim Beg, which gave him the cause of action to file the civil suit praying that permanent injunction be granted in his favour. The defendants No. 1 & 2 filed their written statement stating that they are the owners of the suit land after the death of their father/husband and denied the plaint allegation that the said suit land was sold to the plaintiff by their deceased father/husband.

(3.) Learned trial Court vide its judgment dated 22/11/2003 decreed the suit in favour of the plaintiff holding that the father of defendant No. 1 i.e. Karim Beg had sold the suit property to the plaintiff, which made him the owner of the suit land and not the defendants, which was affirmed by the first appellate Court in the civil appeal preferred by the defendants No. 1 & 2, vide judgment and decree dated 28/06/2007, against which this second appeal has been preferred by them in which substantial question of law framed for determination has been set out in the opening paragraph of this judgment.