LAWS(ALL)-2013-3-152

NAJEER KHAN Vs. ASHIA BEGUM

Decided On March 19, 2013
Najeer Khan Appellant
V/S
Ashia Begum Respondents

JUDGEMENT

(1.) Heard Sri S. Mahmood, learned counsel for the appellants and Sri Sunil Kumar, Advocate for respondent.

(2.) 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.

(3.) The plaintiff set up her claim based on an oral gift (Hibba) dated 14.02.1979 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 No. 242 and 247.