ABDUL HAMID KHAN Vs. MANZOOR AHMAD KHAN

JUDGEMENT

(1.) This is the second appeal filed against the judgment and decree dated 11-9-1969 passed by Sri C.L. Anand, Civil Judge, Bijnor in Civil Appeal No.124 of 1968. The facts of the case are very simple and the following pedigree will help in considering the facts : <IMG>JUDGEMENT_433_CCC3_2003Image1.jpg</IMG>

(2.) The dispute is regarding ahata situated in plot No.706 of the town Sahaspur, Pargana Seohara, district Bijnor. The plaintiff-appellant filed a suit for injunction to restrain the defendant-respondents 1 to 4 from interfering in his possession over the disputed ahata. Later on he converted the relief and claimed recovery of possession. His case is that this ahata was acquired by Mohd. Bux and after his death Abdul Gani became the owner and thereafter, the plaintiff and defendants-respondents Nos. 5 and 6 became the owner being sons of Abdul Gani..

(3.) The suit was contested by the defendants Nos. 1 to 4. Their case is that Hussain Bux was the owner of the ahata. After his death his two sons namely, Mohd. Bux Khan and Khuda Bux Khan became the owners. Thereafter, their sons Abdul Gani and Abdulla Khan became the owners. That defendant-respondent No. 1 had purchased the share of Abdulla Khan by registered sale deed dated 11-11-1925 and obtained possession on that day. The defendants-respondents 2 to 4 are sons of defendant No.1. That since the date of purchase the respondent Nos.2 to 4 are in possession of the same. That therefore, the respondent Nos. 2 to 4 are the owners of the same. That the suit is barred by time.