MOHAMMAD HANIF @ CHEEM Vs. MOHAMMAD IDRIS

JUDGEMENT

(1.) HEARD learned counsel for both the parties at the admission stage.

(2.) MOHD . Idris and Mohd. Hanif are real brothers. Their mother was Smt. Chunni Begum. Smt. Chunni Begum instituted O.S. No. 599 of 1995 against Mohd. Idris and others including Mohd. Hanif. Mohd. Idris instituted O.S. No. 716 of 1995 against his real brother Mohd. Hanif. Mohd. Hanif is appellant in both these second appeals. The suit instituted by Smt. Chunni Begum (O.S. No. 55 of 1995) was initially decreed ex parte, however the said decree was afterwards set aside and suit was restored on 12.11.1999 and thereafter both the suits were consolidated. Additional Civil Judge, Senior Division, Court No. 26, Agra through judgment and decree dated 22.10.2002 dismissed the O.S. No. 599 of 1995 and decreed O.S. No. 716 of 1995. Against the said judgment and decree, two appeals were filed by the present appellant Mohd. Hanif being Civil Appeal No. 226 of 2002 and Civil Appeal No. 11 of 2003. A.D.J./ Special Judge, E.C. Act, Agra dismissed both the appeals through judgment and decree dated 19.03.2010, hence these second appeals.

(3.) MOHD . Idris in his suit (O.S. No. 716 of 1995) asserted that he had purchased a house through registered sale deed dated 22.03.1965 from Smt. Gafuran, who was his mother's mother (nani), i.e. mother of Smt. Chunni Begum. It was further pleaded by Mohd. Idris that a room and some small land of the house purchased by him in 1965 was given by him to his younger brother Mohd. Hanif as licencee and licence had been cancelled before filing of the suit. Accordingly, it was prayed that through mandatory injunction Mohd. Hanif must be directed to remove his occupation from the portion in dispute and its actual use, occupation and possession should be handed over to the plaintiff.