HAMIDA Vs. HUMER

JUDGEMENT

(1.) This is the plaintiff's Second Appeal under Section 100 of the Code of Civil Procedure, 1908, (for short the Code), in a suit for permanent injunction restraining the defendant respondents from interfering with peaceful possession of the plaintiff over plot No. 103 measuring 0.72 acre situated in village Tanda, Tahsil Suar, district Rampur.

(2.) The case of the plaintiff appellant was that she is the Bhumidhar in possession on the basis of sale deed dated 7-8-1969 executed by Smt. Fatma in her favour. She has constructed a pucca / house on a part of it and has laid foundation on a different part and remaining part of the land is used for agricultural purpose. The plaintiff is in exclusive possession, but the defendants, without any right are trying to interfere with her possession. Hence the suit was filed.

(3.) The defence was total denial of the plaint allegations. It was alleged that the plaintiff was not in possession. The land was valued more than Rs. one lakh. A deed was executed on 22-3-75 by the plaintiff in favour of defendants. The plaintiff had put her thumb impression on the same. There was another admission of plaintiff dated 4-9-78; and that the sale deed in favour of plaintiff dated 7-8-1969 was fraudulent and that the plaintiff has no title and the defendants were entitled to protect their possession.