VASANTHA RAO Vs. BALAN

JUDGEMENT

(1.) This second appeal is filed against the concurrent finding of facts.

(2.) The suit had been filed for declaration of title and possession. The suit property originally belonged to one Ameena Bi. She had two children, by name, Kamarunnissa Bi and Sheik Amir; Ameena Bi died on 1.11.1970; Kamarunnissa Bi pre-deceased her mother; she died on 18.10.1968 leaving her husband and son. Sheik Amir also died in the year 1974 leaving his wife and son. The son of Sheik Amir filed a suit in the year O.S.No.750 of 1980 for injunction against the defendant; that suit was admittedly withdrawn with liberty to file a fresh suit. Thereafter, no suit was filed by the wife and son of Sheik Amir, but they sold the property to the plaintiff under Exs.A.4 and A.5 on 17.12.1984. After purchasing the property, the plaintiffs filed the suit for declaration and possession.

(3.) This suit was opposed by the defendants on two grounds. One is, that the suit property was given by way of oral gift by Ameena Bi to her daughter, Kamarunnissa Bi during the marriage in 1940. He also raised another plea that Sheik Amir was not the son of Ameena Bi. The Court also found that Hiba was proved and further, both the Courts have found that the defendants have prescribed title by adverse possession. Against the dismissal of the suit, the plaintiff has filed the second appeal.