MOHAMMAD HASAN AND ANOTHER Vs. NURUNISHA AND OTHERS

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 10.2.2011 passed by Additional District Judge, Court No. 1, Mau in Civil Appeal no. 13/2005 (Nurunnisha & others Vs. Jameel & others) and connected cross Civil Appeal no. 14/2006 (Jameel Vs. Nurunnisha & others ). Only one respondent of cross Civil Appeal no. 14/2006, namely Mohd. Hasan, had preferred the present second appeal.

(2.) Original suit no. 154/1996 (Jameel Vs. Shamusl Haq & others ) was filed for recovery of possession and damages from defendants which was partly decreed by the judgment dated 22.8.2015 passed by Civil Judge (S.D.), Mau against defendant no. 1 and defendants no. 3 to 14. This suit was dismissed for defendant no.-2 Mohd. Hasan (appellant of present second appeal). Against the judgment of trial court, civil appeal no. 13/2005 (Nurunisha & others Vs. Jameel ) was preferred by those defendants against whom original suit was decreed. Against same judgment another cross appeal no. 14/2006 (Jameel Vs. Nurulnisha & others ) was preferred by plaintiff of the original suit against that portion of judgment of trial court, by which suit against defendant no.-2 Mohd. Hasan was dismissed. Both the civil appeals no. 13/2005 and 14 of 2006 were preferred against same judgment. They were consolidated and heard together and decided by single judgment dated 10.2.2011 of Additional District Judge, Court No.-1, Mau. By this judgment, Civil Appeal no. 13/2005 preferred by defendants of the original, was dismissed; but the cross appeal no. 14/2006 preferred by plaintiff of the original suit was decreed and judgment of trial court was modified to the extent that original suit was decreed against all the defendants for recovery of possession and damages. Against this impugned judgment dated 10.2.2011 of first appellate court, present second appeal has been preferred by defendant no.-2 of original suit (respondent no. 2 of civil appeal no. 14/2006).

(3.) Admittedly, Hidayatullah had five sons, namely Mohd. Yusuf, Mohd. Hasan, Abul Hasan, Shamsul Hasan and Nazir Ahmad. Defendants no. 8 to 10 of original suit are sons and successors of Abul Hasan (defendant no. 3), defendants no. 5 to 7 and 14 are sons and successors of Shamsul Haq (defendant no. 1), defendants no. 11 to 13 are sons and successors of Nazir Ahmad (defendant no. 4). It is also admitted that Mohd. Yusuf (s/o Mohd. Hidayatullah) had executed registered sale-deed of disputed property in favour of Zameel Ahmad (plaintiff of original suit).