NAJEER KHAN URF MALLA Vs. ASHIA BEGUM

JUDGEMENT

(1.) Heard Sri S. Mahmood, learned counsel for the appellants and Sri Sunil Kumar, Advocate for respondent. This is a defendants' appeal. The plaintiff instituted Original Suit No. 27 of 1987 seeking an injunction that defendants-appellants be restrained from interfering or raising construction on the property shown in plaint with boundaries "Cha, Ya, Ra, La, Wa" and also mandatory injunction for removing construction made thereon illegally.

(2.) The plaintiff set up her claim based on an oral gift (Hibba) dated 14.2.1979 executed by her father, Hazi Mohd. Yusuf and a written acknowledgement thereof made on 13.11.1984. The property in dispute is part of Plot Nos. 242 and 247.

(3.) The defendants contested suit disputing the particulars details and boundaries of property in dispute given in plaint. Besides, in additional pleas in para 19 it was pleaded that plaintiff is not the sole owner of house in question but there are other co-owners who have not been impleaded. Thereafter an additional written statement was also filed stating that the property marked with boundary "Cha, Ya, Ra, La, Wa" does not belong to plaintiff and in fact the said property was not owned by Sri Hazi Mohd. Yusuf, hence the question of gift of said property by him does not arise.