SHIV RAJ KUMAR KAPOOR Vs. AKHATAR ALI

JUDGEMENT

(1.) HAVING consecutively lost the litigation in two Civil Courts, appellant Shiv Raj Kumar Kapoor has challenged the impregnability of the judgment and order rendered by the Additional Civil Judge (Senior Division), Roorkee, on 24.12.1998 in Civil Suit No. 148 of 1991 as well as the judgment and order dated 22.03.2003, dismissing the appeal No. 09 of 1999, preferred by the appellant Shiv Raj Kumar Kapoor against the judgment of the Trial Court.

(2.) DISPUTE pertains to a land beside a mosque in Kasba Manglore, Roorkee. The mosque is popularly known as Daduwali Mosque. The land, before the zamindari abolition, bore Khewat No. 377 and 484 ad measuring 17 biswas. After the zamindari abolition, these khewat numbers changed to Khasra No. 2492, 2493 and 2494.

(3.) HAVING perused both the judgments of the courts below, it transpires that the said land was purchased way back in 1927 by Mosque Daduwali through its Mutawalli Sri Bundu. Name of Sri Bundu was entered as Aasami in the revenue records as being Mutawalli of the said mosque. After the zamindari abolition, the grandsons of Bundu, namely Basheer, Ali Hasan and Sageer got their names mutated, by way of depositing ten times land revenue, as a Sirdar. So, representing himself as the owner of the land Mr. Basheer sold his share to Manjoor, his real uncle, and Ali Hasan sold his share to Gulam Sabir. With the passage of time, the said land was sold by Gulam Sabir and Sageer to the appellant -plaintiff Shiv Raj Kumar Kapoor way back in 1991 and thereafter the present appellant filed a Suit No. 148 of 1991 against the defendants seeking prohibition not to interfere in his possession. That suit was dismissed on 24.12.1998 and the appeal whereagainst also failed.