GHOUSE BAIG Vs. MAHAMUDA BEGUM (DIED)

JUDGEMENT

(1.) The 2nd and 3rd Defendants in the Suit O.S. No.915 of 2000 on the file of the Principal District Munsif, Vellore, are the Appellants before this Court. The Appellants seek to challenge the concurrent Judgment and Decree against them. The facts which has culminated in the filing of the Second Appeal is herein below set out and the parties are referred to in the same rank as before the Trial Court.

(2.) The Plaintiff had filed a Suit for Permanent Injunction restraining the Defendants from interfering with her peaceful possession and enjoyment of the Suit property. The Suit property was a House site with a basement constructed thereon bearing Door No.25 on Military Bazaar Street, Vellore Town, measuring East to West 4 1/2 yards, North to South 9 Yards, bounded on the North by the street, on the south by Karim Sahib's house on the West by Kazim Baig's house and east by Shaju Sahib's house.

(3.) It is the case of the Plaintiff that the Suit property belonged to one Mohamad Kasim @ Sabjan Sahib and his wife Johara Bibi, who had sold the same to the Plaintiff under a Registered Sale Deed, dtd. 5/2/1968. Kazim in turn had purchased the property from one Syed Kadar Sahib under a Sale Deed, dtd. 17/8/1933.