NIRMALA Vs. HAJEE M.MOHAMMED ANSARI

JUDGEMENT

(1.) The suit items are two shops bearing Door Nos. 14 and 14/1, Nelpettai Road, Gandhi Market, Tiruchirappalli. There is no dispute that the land on which the shops are located is a wakf property. According to the plaintiff in O.S. No. 2507 of 2004, the superstructures were put up by the first defendant namely, Hajee Akbar Ali @ G. Akbar Sahib. Mr. Williams, the husband of the first appellant and father of the second appellant in S.A.(MD) No. 571 of 2010 was inducted as a tenant in respect of said two shops by the said Hajee Akbar Ali @ G. Akbar Sahib. The case of the plaintiff in O.S. No. 2507 of 2004 is that the superstructure alone was sold in their favour under Ex. A1 dtd. 12/8/1984. After such purchase, when the said plaintiff called upon the tenants to vacate the property, they refused. Instead of complying with the request, Mr. Williams, the tenant filed O.S. No. 2163 of 1984 before the II Additional District Munsif Court, Tiruchirappalli, for forbearing the defendants from dispossessing him except in the manner known to law. After O.S. No. 2163 of 1984 was filed, O.S. No. 2507 of 2004 was filed by Hajee M. Mohammed Ansari and M. Mohammed Samsudeen seeking the relief of declaration of their title over the superstructure, for directing the tenant to handover possession of the same, permanent injunction and for payment of damages for use and occupation of the shops. During pendency of the suit, Mr. Williams passed away and his wife and sons came on record as the defendants 3 to 5. Since both the suit were interconnected, they were tried together.

(2.) Based on the divergent pleadings, issues were also framed. Hajee M. Mohammed Ansari/first plaintiff examined himself as P.W. 1 and Exs. A1 to A7 were marked. Piyoh Selvaraj and Haja Mohideen were examined as D.W. 1 and D.W. 2 and Exs. B1 to B28 were marked.

(3.) After consideration of the evidence on record, by the common judgment and decree dtd. 21/11/2005, O.S. No. 2163 of 1984 was dismissed while O.S. No. 2507 of 2004 was decreed as prayed for. Aggrieved by the same, Piyoh Sevlaraj filed A.S. No. 130 of 2006 before the II Additional Sub Court, Tiruchirappalli. The contesting defendants in O.S. No. 2507 of 2004 filed A.S. No. 131 of 2006. Both the appeals were heard together and they were dismissed by the impugned common judgment and decree dtd. 15/9/2009. Challenging the same, these two second appeals have been filed. S.A.(MD) No. 571 of 2010 arises out of O.S. No. 2507 of 2004 while S.A.(MD) No. 572 of 2010 arises out of O.S. No. 2163 of 1984.