(1.) Original Suit No. 234 of 1999 was instituted by plaintiff appellant Zafaruddin @ Zafar Qureshi son of Shamshuddin resident of 22, Shekh Bada, Prem Nagar, Jhansi for a permanent prohibitory injunction against Sushil Singh defendant respondent restraining him to take forcible possession by digging foundation and raising construction over the sehan land which is appurtenant to the House no.21,22 and 24 belonging to his father Shamshuddin and uncle Badruddin both sons of Shekh Babu the grand father of the plaintiff.
(2.) The case of plaintiff is that Houses no.21,22 and 24 were the property of Shekh Babu who had left behind him his two sons Badruddin and Shamshuddin. Badruddin has two issues including his son Mukhtar and one daughter Smt. Aqeela. Shamsuddin has three sons including plaintiff. The land in dispute is a sehan land of aforesaid houses through which the inhabitants of the houses have their ingress and egress and are using it as their sehan land. The aforesaid appurtenant land is in use and occupation of Shamshuddin and uncle Badruddin with whom their issues are living and enjoying. Defendant appellant Sushil Singh claims himself to be the vendee of the disputed land on the basis of the registered sale deed executed in his favour by one Smt. Aqeela daughter of aforesaid Badruddin who had already transferred the said land in favour of Smt. Aqeela vide registered sale deed dated 31.1.1992.
(3.) The defendant respondent contested the suit with the pleading that House no.21,22 and 24 and the land in dispute are not the ancestral property of the plaintiff rather these properties were self acquired property of Badruddin who had transferred the land in dispute in favour of his daughter Smt. Aqeela vide registered sale deed dated 31.1.1992. Smt. Aqeela subsequently transferred the same in his favour vide registered sale deed dated 2.2.1999. According to him, Badruddin could transfer the entire land in dispute in favour of his daughter and he actually transferred it in favour of Smt. Aqeela who is his vendor.