NAUSAE Vs. LYAKAT

JUDGEMENT

(1.) Heard Sri Deo Raj, learned counsel for the petitioners and Sri K. M. Garg, learned counsel for the respondent Nos. 1 to 4, 6 and 7. No one has appeared on behalf of respondent No. 5.

(2.) The facts of the case in brief are that one late Mohd. Sadeeq Shah, who was husband of petitioner No. 1 and father of the remaining petitioners filed O.S. No. 108 of 1983, Mohd. Sadeeq Shah v. Hameed Shah and others, in the Court of Civil Judge (Junior Division), Bijnor, for injunction, ejectment and damages against five persons, namely, Hameed Shah, father of the respondent Nos. 1 to 4, Niyaz Shah, Sadeeq Shah and Ibraheem Shah (all the three impleaded as defendant Nos. 2, 3 and 4). Sri Hameed Shah and Rasheed .Shah defendant Nos. 1 and 5 filed their written statements, whereas defendant Nos. 2 to 4 did not file their written statement at all, hence the suit proceeded ex parte and was decreed against them. The defendant No. 5 filed the written statement and supported the case of the plaintiff, claiming himself to be the co-owner of the property in dispute and absented himself from further proceedings of the case. The aforesaid Original Civil Suit No. 108 of 1983 was, thus, contested only by late Hameed Shah defendant No. 1 father of the respondent Nos. 1 to 4.

(3.) The plaintiff claimed the ownership of the property in dispute on the basis of the sale deed executed by Smt. Mariyam, who was the mother of defendant Nos. 1 and 2 and Smt. Basheeran, who was the mother of defendant Nos. 3 and 4. Both these transferors had inherited the property in dispute from their father and mother, and being the exclusive owners in possession had executed the sale deed dated 18-3-1949 in favour of the plaintiffs who were put in possession of the disputed property.