SHAMSUL HAQ Vs. JAMEEL AHMAD

JUDGEMENT

(1.) S. K. Phaujdar, J. This appeal is directed against the judgment and decree dated 23-3-96 passed by the 1st Additional District Judge, Mau, in Civil Appeal No. 5 of 1992 arising out of Original Suit No. 51 of 1990. This suit was filed by Shamshul Haq for permanent injunction and the suit was dismissed by the Civil Judge, Mau, by his order dated 20-5-92.

(2.) IT was, the case of Shamshul Haq, according to the plaint, that the house in suit property belonged to Mohd. Yusuf and Mohd. Hasan. The purchase of that proper ty was made in the name of Mohd. Yusuf alone although the fund was joint of Mohd. Yusuf and Mohd. Hasan. From their joint funds a house was raised on the joint property. They created a mortgage of the suit property on 26-6-52 in favour of Salim Ullan for a sum of Rs. 5000. The plaintiff used to take care of Mohd. Yusuf and Mohd. Hasan and they also loved him much. After the execution of the mortgage deed they had made an oral gift of the suit property in favour of the plaintiff and they also put him in possession. The gift was accepted by the plaintiff and he started living in the suit property as the owner and Mohd. Yusuf and Mohd. Hasan had no concern with the suit property thereafter.

(3.) THE plaintiff prayed for an order of injunction against the defendants so that they may not disturb the possession of the plaintiff over the suit property. It is worth note that the defendant Nos. 3 to 5 were made parties as a measure of abundant precaution. Defendant No. 3 happens to be Mohd. Hasan.