ADBUL WAHID Vs. MOHD ASLAM

JUDGEMENT

(1.) PROPERTY bearing no. 878, Haveli Azam Khan, Chitli Qabar, Delhi, measuring 120 Sq. yards was owned by late Mohd. Mian. On his death, this property devolved on his two sons namely Mehmood Mian and Ahmad Mian. The case of the plaintiffs is that their predecessor in interest Abdul Waheed was inducted as a tenant by Mehmood Mian in June, 1987 in the first floor for the aforesaid property and later on, late Sh. Mehmood Mian entered into an agreement to sell of first floor of the property to Abdul Waheed and Fakhra Sultana for a sale consideration of Rs. 48,000/-, on 08.08.1987. A civil suit seeking injunction against transfer of first floor premises of the aforesaid house was filed by 4 sons of Ahmad Mian against Mehmood Mian. The fifth son of Ahmad Mian, namely, Khurseed Ahmad was impleaded as defendant no. 1 in that suit. An order for maintenance of status quo in respect of the suit property was passed by the Civil Court in that case on 30.10.1987. However, Sh. Mehmood Mian in violation of the status quo order dated 30.10.1987 executed a sale deed in respect of the first floor, in favour of Abdul Waheed and Fakhra Sultana, predecessor in interest of plaintiffs before this Court on 06.11.1987.

(2.) THE case of the plaintiffs before this Court is that they were already in possession, Abdul Waheed being a tenant under Sh. Mehmood Mian when the sale deed was executed. THE case of the plaintiffs before the learned Addl. District Judge, however, was that possession of the first floor was handed over to them by Sh. Mehmood Mian on 31.10.1987. After execution of the sale deed in favour of the parents of the plaintiffs before this Court, the plaint was amended and the name of Mehmood Mian was struck off of the array of parties.

(3.) AN appeal filed by Abdul Wahid, plaintiff no. 1 before this Court being RFA No. 80/2007 was dismissed by this Court on 20th April, 2010. The Court while dismissing the appeal, rejected the plea of defendants no. 2 and 3 in the suit that they were in possession of the first floor as tenants since June, 1987. While dismissing the appeal filed by Abdul Wahid, this Court was of the view that estate of Mehmood Mian was adequately represented before the Civil Court and the suit did not abate despite his death and on account of non-impleadment of his wife after his death. This Court also was of the view that there was no requirement to implead ANis Fatima, wife of Mehmood Mian, as defendant because she had no right or title in the suit property not had she dealt with it.