SAFIYA AHMED QURESHI Vs. SAIYED HANIF MUSTAFA

JUDGEMENT

(1.) THIS appeal under Section 100 of the Code of Civil Procedure is at the instance of the original defendants against the judgment and decree dated 7.10.1989 passed by learned Extra Assistant Judge, Valsad at Navsari in Regular Civil Suit No.21 of 1985, whereby the judgment and decree passed by the learned Civil Judge (S.D.), Navsari dated 29.11.1984 in Regular Civil Suit No.300 of 1981 came to be confirmed. In the suit, the decree of permanent injunction is passed against the present appellants, restraining them from interfering with the possession of the property bearing Survey No.44 and from making any construction thereon.

(2.) IT is the case of the original plaintiffs that land bearing Survey No.44 belongs to the plaintiffs and they have been in continuous possession of the suit property, that there is a land bearing Survey No.41 towards western side and there is also a house being Municipal Census No.932 belonging to the father of plaintiff Nos.2 to 5. IT is further case of the plaintiffs that the defendant No.1, who was brother of defendant Nos.2 and 3, has been residing in Municipal House Nos.933 and 932, which were constructed on Survey Nos.40 and 41 respectively. There were some disputes as regards entry in the record of the city survey and as per the allegation in the plaint, the appellants-defendants attempted to enter into the suit property i.e. Survey No.44. Therefore, the plaintiffs were constrained to file the suit praying for permanent injunction against the appellants- original defendants.

(3.) LEARNED advocate Mr. Digadh Popat appearing for the appellants has stated that below mentioned substantial questions of law have arisen for consideration of this Court:-