VENU Vs. MOUVEEL AYISHA

JUDGEMENT

(1.) THE defendants in the original suit are the petitioners.

(2.) THE respondents filed the suit for recovery of plaint 'A' schedule property on the allegation that the property belongs to them by virtue of a final decree passed in O.S.No.310 of 1997 of Munsiff Court, Hosdurg. According to them, originally the property was a Government land, which was assigned to one Vasudevan as per L.A.No.34/1979. The respondent's brother Abdulla purchased it from the aforesaid assignee as per a registered sale deed of 1982. After the death of Abdulla, his rights devolved upon the legal heirs, including the respondents and they were allotted the property as per decree in O.S.No.310/1997; it was alleged. Their further case was that when the Amin went to the property to effect delivery, it was found that the petitioners by committing trespass on 10.12.2007 occupied the land.

(3.) THEREAFTER , the Commissioner, who identified and measured the the property at the instance of the respondents submitted a report and plan. The petitioners contended that the identification made by the Commissioner was faulty, as the property was not identified with reference to the sale deed and patta issued in favour of the vendor of the respondents.