HAMIDULLAH Vs. MOHD SAMI AND 4 ORS

JUDGEMENT

(1.) Heard argument of learned counsel for the parties and perused the records.

(2.) Original Suit No. 225/1996, Mohd. Amin v. Hamidullah and others, was filed by plaintiff claiming himself to be the owner in possession of disputed property of Abadi. In his written-statement, defendants denied the plaint averments and further pleaded that defendants are owner in possession of disputed property of Abadi. After affording opportunity of hearing to parties, original suit was decreed for the relief of permanent injunction by judgment dated 23.2.2011 of Additional Civil Judge (Junior Division), Court No.-1, Bansi, Siddharth Nagar. In this judgment, trial court had given finding that plaintiff is owner in possession of disputed property and defendants have no right over it.

(3.) Against the judgment of trial court, Civil Appeal No. 28/2011 was preferred by one defendant Hamidullah (defendant no.-1 of original suit). After affording opportunity of hearing, the Court of Additional District Judge, Bansi, Siddharth Nagar had dismissed the appeal by its judgment dated 2.5.2016 and confirmed the findings of trial court. In this judgment, first appellate court had independently appreciated the evidences and found that defendant had failed to prove his case, and on the other hand plaintiff's case for ownership and possession is proved.