SAJJAD ALI Vs. SHAHID ALI

JUDGEMENT

(1.) These are two connected appeals arising out of two suits. First Appeal No. 167 of 1943 arises out of Suit No. 37 of 1941 filed by Saiyid Sajjad Ali, the present appellant. The defendants to that suit were Saiyid Shahid Ali and Saiyid Zahid Ali, both brothers, the present respondents. This suit was for possession over a portion of plot No. 377 which had been, alleged to have been constructed upon by Shahid Ali respondent 1, for recovery of Rs. 500/- as the price of bricks and other materials utilised by the said Saiyid Shahid Ali in constructing his house, for the recovery of Rs. 100/- as price of the trees cut and appropriated by him, for damages for making pits in plot No. 377 and for a perpetual injunction restraining Saiyid Shahid Ali from interfering with the right of way of Saiyid Sajjad Ali through the plot in dispute.

(2.) The other appeal No. 478 of 1943 arises out of a Suit No. 536 of 1941 in which Saiyid Shahid Ali, respondent 1, was the plaintiff and Saiyid Sajjad Ali, the present appellant, was the main defendant and Saiyid Zahid Ali, present respondent 2, was impleaded as a pro forma defendant. The reliefs claimed in that suit were for possession over a portion of the same plot No. 377 over which it was alleged that Saiyid Sajjad Ali had constructed a stable, a garage and a latrine, for recovery of Rs. 450/- as amount of compensation on account of acts of Saiyid Sajjad Ali, for demolition of certain walls alleged to have been constructed in that plot by Saiyid Sajjad Ali and for an injunction restraining Saiyid Sajjad Ali from using the plot as a passage and further for restraining him from making construction of any sort on any other portion of the plot in dispute.

(3.) The learned Civil Judge has dismissed the suit of Saiyid Sajjad Ali and decreed the suit of Saiyid Shabid Ali for possession, demolition, injunction and part of the compensation claimed.