SABRA BEGUM Vs. MOHAMMAD IKHLAQ

JUDGEMENT

(1.) This second appeal is directed against the judgment and the decree of a learned Addl. District Judge dated May 9, 1983 confirming the judgment and the decree of a Subordinate Judge 1st class dated November 7, 1981.

(2.) The dispute is in respect of property bearing No. 11/932, Haveli Aazam Khan. Chilli Qabar, Delhi It was admittedly an acquired evacuee property and was purchased by the respondent Mohd. lkhiaq in a public auction held on November 7, 1964. The sale certificate was issued in bis favour on July 30, 1965, the sale being effective from July 20, 1965.

(3.) On September 1, 1971 Mohd lkhiaq brought a suit for possession of the said property against Mohd. Sadiq (since deceased and represented by the present appellants). The possession was claimed on the averments that the defendant was in possession of the said property unlawfully and had no- right to remain in the same.