NEEMUR ALIAS RAFEEQ Vs. DOST MOHAMMAD

JUDGEMENT

(1.) Heard Sri Mohd. Arif Khan, learned Senior Advocate assisted by Sri Moinuddin learned Counsel for the Appellant and Sri Prabhat Narain, learned Counsel for the Respondents. Present second appeal is directed against the judgment and decree dated 3.8.1979 passed by Civil Judge, Pratapgarh and the judgment and decree dated 24.2.1978 passed by Munsif, Pratapgarh.

(2.) The factual matrix involved in the present case are that the Plaintiff-Respondent Dost Mohammad filed a suit for injunction and the possession, registered as Suit No. 167 of 1973 before the Munsif, Pratapgarh. In the plaint, case as set up by the Plaintiff-Respondents was that the disputed plot i.e., plot No. 283 area two bishwa situated in village Bahrupur Majre Kandhai Madhupur District Pratapgarh is a 'abadi' land (hereinafter referred to as 'land in dispute') initially the same belongs to one Smt. Rasheeda, who by way of registered sale-deed dated 27.9.1969 had sold the disputed land in favour of Sri Iqballuddin and Sri Minhajuddin, subsequently thereafter by way of registered sale-deed dated 25.4.1973 the same was sold by the said persons, namely, Iqballuddin and Minhajuddin to the Plaintiff-Respondent. In the month of May, 1973, Sri Neemur (Appellant/Defendant) had started constructions on the land in dispute which obstruct the way of the Plaintiff as such the suit in question had been filed by him.

(3.) Sri Neemur (now deceased) Defendant/Appellant filed a written statement inter alia denying the averments made by the Plaintiff and stated that the disputed land belongs to him and he is the owner of the same in view of the provisions as provided under Section 9 of the U.P. Act No. 1 of 1951.