NASEEMA N Vs. ABDUL KHADER

JUDGEMENT

(1.) This appeal is by the claimant in an application under Order XXI Rule 99 of the Code of Civil Procedure, whose petition asserting rights over the property was rejected by the court below.

(2.) The facts absolutely necessary for the disposal of this appeal are as follows:

(3.) The claim petition was resisted by the first respondent who pointed out that the building belonged to him, which he obtained in the partition deed of 2003 and when the second respondent and others refused to vacate the premises he had filed a suit. According to him, the claimant is a person set up by the second respondent in order to ward off the eviction in terms of the decree obtained by him and he had never entered into any arrangement with the claimant as claimed by her. He therefore prayed that the claim petition may be dismissed.