HASINA BEGHUM Vs. SHEIK DAWOOD; RAHMATH BANU

JUDGEMENT

(1.) The concurrent Judgments and decrees passed in Original Suit No.550 of 2011 by the Principal Sub Court, Tiruchirappalli and in Appeal Suit No.140 of 2012 by the Principal District Court, Tiruchirappalli are being challenged in the present second appeal.

(2.) The first respondent herein as plaintiff has instituted Original Suit No.550 of 2011 on the file of the trial Court for the reliefs of recovery of possession and damages, wherein the present appellant and second respondent have been shown as defendants.

(3.) In the plaint it is averred that the suit property and its adjacent property are originally belonged to mother of the plaintiff and defendants and she voluntarily executed a settlement deed, dated 09.03.1976 in favour of the plaintiff and second defendant and the same has come into effect and on 26.11.1998, a registered partition deed has come into existence between the plaintiff and second defendant, wherein the suit property has been alloted to the share of the plaintiff. The defendants have been given in marriage to one Basha Jan. The first defendant is not having any manner of right, title and interest over the suit property. Since the first defendant has had encroached the suit property, the present suit has been instituted for the reliefs sought for in the plaint.