MOHD YUNUS AND ANR Vs. JAMIRAN AND ORS

JUDGEMENT

(1.) This is second appeal against the judgment and decree of the first appellate Court, IV Additional Civil Judge, Varanasi dated 29-7-1975, whereby he allowed the appeal against the judgment and decree of the learned Munsif and decreed the suit of the Plaintiffs-Respondents for possession and permanent injunction in respect of the land and khandahar detailed in the plaint.

(2.) The Plaintiff-Respondents, namely Zameeran and Masiullah are husband and wife. The Defendant No. 1 Mohd. Yunus is the son of Defendant No. 2 Mohd. Ibrahim. Defendant No. 3 Hidayat Ullah and Defendant No. 4 Badullah are sons of Abdul Samad and Defendant No. 5 Khatoon Beebi is his widow, After the death of Defendant No. 4 Badullah, his son Swalle, Israel, Nikail, daughter Shahjahan and Mst. Badrun were parties.

(3.) Plaintiff-Respondents filed this suit with the allegations that they had purchased the khandahar along with the land, detailed in the plaint, from Defendant No. 2 Mohd. Ibrahim, through a sale deed dated 21-3-1958. The sale deed is in the name of Plaintiff No. 1 Zameeran. Due to some necessity, this property was sold to one Abdul Hameed, but later on Plaintiff No. 1 Zameeran purchased it again from Abdul Hameed on 26-7-1960, in the west of this property, is the house No. 12/79 belonging to one Abdul Samad the predecessor of Defendant Nos. 3 to 5. The Defendant Nos. 1 and 2 had to do nothing with the khandahar and the land but they started to allege that this land belonged to them and they have purchased the same from Defendants Nos. 3 to 5. A notice was given to Defendant no 2 Mohd. Ibrahim but a wrong reply was sent. The Defendants Nos. 1 and 2 started making illegal constructions on this land on 25-11-69 and did not stop.