NABI RASOOL Vs. MOHD MAQSHOOD

JUDGEMENT

(1.) This is an appeal preferred by defendant No. 1 against judgment and decree of Sri Brahma Singh, learned Civil Judge, Ballia dated 12-8-1974 by which he decreed the suit of plaintiff-respondent with costs and reversed the judgment of Sri Hira Das, learned Munsif, Ballia dated 4-10-1972 in original suit no. 27 of 1969.

(2.) The dispute relates to a shop situated in house No. 53/1 Ballia City which was the joint property of Mohd. Hanif and his brother Mohd. Daniyal. The boundaries of the shop in dispute have been laid at the foot of the plaint. Mohd. Maqsood (plaintiff) and defendants 2 and 3 are the sons of Mohd. Daniyal while Mohd. Zafrulla, defendant No. 4: Smt. Maqtoolan Bibi, defendant No. 5; Nurun Nissa Bibi, defendanl No. 6 and Kaniz Fatima Bibi, defendant No. 7 (defendants III set) are the heirs of Mohd. Hanif.

(3.) It was averred that Mohd. Hanif and Mohd Daniyal, who were own brothers, were dead.