ABDUL WAHID Vs. HAMEED MIAN

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 13th November, 2006 passed by the learned Additional District Judge, Delhi, whereby the suit of the plaintiffs was partly decreed and it was ordered that the Sale Deed dated 6th November, 1987 in favour of the defendants No. 2 and 3 (the appellants herein) in respect of the suit property bearing No. 878, Haveli Azam Khan, Chitli Kabar, Jama Masjid, Delhi be cancelled as illegal, void and ineffective; and the legal heirs of the defendants hand over the vacant and physical possession of the first floor of the said property to the plaintiffs (the respondents herein).

(2.) Briefly stated, the facts of the case are that the suit property was purchased by one Mohd. Mian in the year 1930. He died in the year 1947, leaving behind two sons namely Ahmed Mian and Mahmood Mian. Ahmed Mian and Mahmood Mian inherited the suit property in equal shares and were residing in it along with their families. Mahmood Mian was in occupation of the first floor of the said property and Ahmed Mian of the ground floor.

(3.) The plaintiffs No. 1, 2, 3 and the defendant No. 1, Khursheed Ahmed are the sons of Late Ahmed Mian and the plaintiff No. 4 is the wife of Late Ahmed Mian.