AISHA BEGUM Vs. MOHD IBRAHIM

JUDGEMENT

(1.) THIS second appeal has impugned the judgment dated 9.12.2009 vide which the judgment and decree of the trial court dated 1.5.2002 had been upheld. Vide the judgment and decree dated 1.5.2002, the suit of the plaintiff seeking a decree of mandatory injunction as also mesne profits had been decreed in his favour.

(2.) THE appellant before this court was the defendant before the trial court. THE plaintiff Mohd.Ibrahim was the elder brother of deceased Mohd.Ismail; the defendants are the legal representatives of Mohd.Ismail. THE suit property is property no. 1148, Matia Mahal Chowk, Near Churiwala, Jama Masjid, Delhi-6. Plaintiff was stated to be the owner of the suit property. He had permitted the legal representatives of his deceased brother Mohd.Ismail i.e. his widow, three daughters and one son who were minors at the time of death of their father to stay in his house i.e. in the disputed property. Mohd.Ismail had died in 1983. THEreafter the son and the widow of his deceased brother started harassing the plaintiff. On 15.3.2002 by a notice the plaintiff revoked the license of the defendants. In spite of service of notice, the defendants did not vacate the suit property. Suit was accordingly filed.

(3.) THE first appellate court vide its judgement dated 9.12.2009 endorsed the findings of the trial judge.