LAWS(ALL)-1953-9-14

PANDOHI AHIR Vs. FARUQ KHAN

Decided On September 11, 1953
PANDOHI AHIR Appellant
V/S
FARUQ KHAN Respondents

JUDGEMENT

(1.) THIS is a second appeal from-the judgment of the Civil Judge, Fyzabad, in a suit for possession.

(2.) THE facts of this case are simple. The plaintiff claiming to be a cosharer in certain property including the plots in dispute in this case brought-a suit against defendants 1 and 2 for possession-on the allegations that the plots which belonged to the plaintiff and some other cosharers including defendant 2 had been sold to defendant 1 by defendant 2 as his exclusive property and that the plaintiff was therefore entitled to pos-session of those plots.

(3.) THE defendants contested the suit. They denied that the plaintiff had any share in the property. A plea of jurisdiction was also raised and it was alleged that the suit was not within the cognizance of the civil court.