ALLAH RAKHA Vs. NIZAMUDDIN ALIAS JAMMU

JUDGEMENT

(1.) This is defendant's appeal. It arises out of Original Suit No. 263 of 1976 filed by the plaintiff respondent for mandatory injunction directing the defendants to deliver possession of the disputed house. The suit has been decreed by both the courts below.

(2.) The plaintiff is the son of Ali Bux. Sri Ali Bux had purchased the property by means of registered sale deed dated 5th January, 1930. He constructed a house after taking permission from the Municipal Board in the year 1935. After the death of Sri Ali Bux the plaintiff being the son inherited the property. The father of the defendants was the brother of All Bux. Ali Bux permitted his brother to live in the house as he was living in a tenanted house. Ali Bux gave a licence to the father of the defendants to live in the disputed house. The said licence has been revoked by the plaintiff by means of a registered notice dated 21.6.1976. A suit was filed for mandatory injunction directing the defendants to hand over possession to the plaintiff.

(3.) The suit was contested on the pleas, inter alia, that the plaintiff is not son of Ali Bux and that after death of Ali Bux the defendants being the heirs have inherited the properly in question. The theory of licence was denied and it was pleaded that possession of the defendants was in accordance with law. The defendants also pleaded that they have acquired the title by adverse possession.