MEHBOOB Vs. ZAHIRA AND ORS.

JUDGEMENT

(1.) Heard Sri Amit Verma, learned counsel for petitioner; Sri Pradeep Kumar Srivastava, Advocate, for respondents; and, perused the record. The facts giving rise to the present writ petition are as under.

(2.) One Zahira, respondent No. 1, instituted Original Suit No. 306 of 1994 impleading Tasadduq and Zakir Husain as defendants in the Court of Munsif Hawaii, Saharanpur for cancellation of registered sale-deed dated 13.5.1994, which was executed by defendants in their favour representing plaintiff-respondent No. 1 as major though on the date of execution of sale-deed she was minor. The suit was contested by defendants, i.e., respondent Nos. 3 and 4 by filing their written statement. Trial Court, i.e., Civil Judge (Junior Division), Hawaii, Saharanpur decreed the suit vide judgment and decree dated 28.1.2009 to the extent of declaring sale-deed dated 13.5.1994 a nullity. Trial Court, however, declined to grant relief of permanent injunction holding that plaintiff has failed to prove her possession over property in dispute, and, on the contrary, property in dispute is in possession of defendants, therefore, injunction as sought, cannot be granted.

(3.) Respondent Nos. 3 and 4, aggrieved by judgment and decree dated 28.1.2009 insofar as it declared sale-deed dated 13.5.1994 a nullity, preferred Civil Appeal No. 6 of 2009 before District Judge, Saharanpur. During pendency of appeal, Zahira, plaintiff-respondent No. 1, executed sale-deed dated 25.11.2011 in favour of Smt. Sanjida, wife of Waheed, i.e., respondent No. 2. In its turn, Smt. Sanjida, wife of Waheed respondent No. 2, executed another sale-deed dated 27.1.2012 in favour of petitioner. It is also alleged that vendee Smt. Sanjida put petitioner in physical possession over suit property.