MOHAMMED BASHA Vs. SYED MUSTHAFA

JUDGEMENT

(1.) The defendant in the suit for declaration and permanent injunction has filed the above second appeal aggrieved by the concurrent findings of the Courts below.

(2.) The case of the plaintiff is that the properties originally belong to one Vedi. From the said Vedi and his sons it was purchased by the plaintiff on 24.05.1950 and he has been in enjoyment of the same. Since the defendant attempted to trespass into the suit property, O.S.No.671 of 2009 was filed by the plaintiff through his power agent one Rahamatulla before the District Munsif, Sankarapuram.

(3.) Though the defendant/appellant had admitted that the property was purchased in the name of the plaintiff/respondent on 24.05.1950, it is his specific case that it was purchased in the name of the plaintiff, as he was the elder brother and Kartha of the family. It is also stated that there are other properties which were purchased in the name of the plaintiff, but were enjoyed jointly by the plaintiff and the defendant. While so, the defendant alleged that there was a partition in the year 1968 in which the suit Survey Number was allotted to his share and he has been in enjoyment of the property and also obtained patta in his name.