NOORUNNISA AND ANOTHER Vs. AJMATH BIVI AND OTHERS

JUDGEMENT

(1.) Aggrieved over the decree and judgment of the first appellate Court reversing the decree and judgment of the trial Court in decreeing the suit filed by the plaintiff for declaration and recovery of possession, the second appeal has been filed.

(2.) The parties are arrayed as per their own ranking before the trial Court.

(3.) The brief facts of the plaintiff case is as follows : The suit property is the absolute property of the plaintiff purchased in the year 1976. Eastern side of the suit property was purchased by the plaintiff's brother and the defendants 1 to 3 have purchased the property on the eastern side of the plaintiff's brother's property. The plaintiff has put up a thatched shed in the suit property. On 15.02.1997, the defendant's under the pretext of repairing their house has trespassed into the suit property. The plaintiff has also referred the matter to the jamath. Despite the undertaking by the defendants, the defendants had not handed over the possession of the property. Hence, the suit for declaration and recovery of possession.