SHAKOORAN BEGUM Vs. MOHD WARIS

JUDGEMENT

(1.) This is plaintiffs appeal against the order allowing the review application passed by the court below.

(2.) The plaintiff/appellant filed Suit No. 335 of 1980 against the present respondents for possession over a piece of house described by letters A.B.C.D. in the plaint map. The suit for ejectment and recovery of damages was filed on the allegation that originally one Abdul Qayum was owner in possession of the disputed property, who sold it by a registered sale deed dated 1.12.1933 in favour of Smt. Usmani Begum. Smt. Usmani Begum by means of registered sale deed dated 26th November, 1956, sold the property in question to the plaintiffs. In the month of September, 1980, the plaintiff came to know that the defendant Nos. 1 and 2 got a sale deed executed by defendant No. 3 in respect of the disputed property, for a sum of Rs. 6,000. The defendant No. 3 was never the owner or tenant of the disputed property and as such he could not execute the sale deed in favour of defendant Nos. 1 and 2.

(3.) The defendants in the written statement accepted that Abdul Qayum was the original owner of the property A.B.C.D. However, they have denied the title of the plaintiff.