ISMAILSHA BAVASHA Vs. MAHMADSHA CHANDSHA

JUDGEMENT

(1.) This is defendant's Second Appeal arising out of the following facts: The plaintiff filed Suit for permanent injunction restraining the defendants from causing obstruction in the plaintiff's peaceful possession over the disputed property. The disputed property consisted of a room and osari and also some open space. It was owned by the, father of the plaintiff, viz. Chandsha Ismailsha. The plaintiff, under some confusion, pleaded that either under the Gift Deed or in the nature of will his father gifted the property to him on 30.8.1932 and since then he is in possession over the same. Some portion was let out by the plaintiff. He was also permitting the persons of his community to collect at the time of Urs Ceremony of Dargah. Since the defendant attempted to interfere with the plaintiff's possession the Suit for injunction was filed.

(2.) The defendant contested the Suit denying the plaintiff's ownership as well as possession over the disputed property. Execution of will dated 13.8.1932 was admitted by the defendants, but they denied that possession was delivered to the plaintiff after execution of the will. The defendants claiming to be sons and widow of deceased Bavasha Chandsha pleaded that they have right in the suit property. When the will was executed the defendants No. 1 & 2 and Bavasha were minors. The plaintiff was given right to manage the suit property, but he was never made owner of the same nor exclusive possession was given to him by virtue of the will.

(3.) The Trial Court found that the plaintiff failed to establish his ownership in the property. It further found that the plaintiff was not in possession rather the defendants were in possession of the suit property on the date of the suit. Consequently the Suit was dismissed.