KURESHI HUSSAINBHAI MOTIBHAI Vs. SAIYAD SIDAR KESHARBHAI

JUDGEMENT

(1.) This is a second round of litigation. Respondent no. 1 lost his case before the Civil Court at all levels including this Court and in spite of clear findings of this Court the petitioners were subjected to harass- ment by summary proceedings in respect of mutation of entry in the records of rights on account of an application made by respondent no. 2 for mutating his name as the owner of certain pieces of land under Karami Lekh no. 56 alleged to have been executed by the Begam Saheba of erstwhile Jainabad State in his favour.

(2.) Petitioners nos. 1 and 2 had purchased land hearing survey no. 241 situated in the Sim of Jainabad village by a registered sale-deed dated 18-5-1955 from the father of respondent no. 1. Similarly petitioner no. 3 also purchased survey no. 37 situated in the same village from the father of respondent no. 1 be a registered sale-deed dated 18-1-1955.

(3.) Respondent no. 1 raised a dispute and threatened petitioners nos. 1 and 2 and under the apprehension of dispossession they filed a suet being Civil Suit no. 95 of 1960 in the Court of the learned Civil Judge Junior Divi- sion Bajana against respondent no. 1 for a permanent injunction restraining him from disturbing the possession of the petitioners. As a counter-blast respondent no. 1 also filed a suit being Civil Suit no. 120 of 1960. against petitioners Nos. 1 and 2 in that very Court for possession on the ground that the said fields were mortgaged by him to petitioners nos. 1 and 2. The suit of petitioners nos. 1 and 2 was decreed and the suit of respondent no. 1 was dis- missed. Appeals filed by respondent no. 1 against the decision in both the aforesaid suits in the District Court were also dis-missed on 24-11-1961. Second appeals being Second Appeals nos. 171 and 172 of 1963.filed in this Court by respondent no. 1 against the said decision of the District Court were also dis- missed on 6-4-1970 copy of which is produced at Annexure A to the petition.