TAWQUEER AHMED Vs. RIYAZ AHMAD

JUDGEMENT

(1.) The reversal of judgment and decree dated 21/11/2002 in RCS No.187/1999 passed by the Civil Judge Junior Division, Kamptee, in a suit filed by the Appellant/plaintiff for possession and recovery of damages, vide judgment and decree dated 04/08/2005 passed by the 5th Additional District Judge, Nagpur in Regular Civil Appeal No. 11/2003, has been questioned in the present appeal, by the appellant/plaintiff.

(2.) The appellant/plaintiff filed a suit for possession and damages in respect of suit house No. W-40- 41/2, Ward No.3/37, Sheet No.4, Block No.27 Ismailpura, Naya Godam, Yerkheda Road, Kamptee and Distt. Nagpur.

(3.) It is the case of the plaintiff that he purchased the suit house by registered sale deed dated 30/05/1997, for consideration of Rs.60,000/-. It is the further case of the plaintiff that the suit house was allotted to the share of Rauf S/o Abdul Ghafoor by registered partition deed on 06/09/1968, who subsequently relinquished his right vide Relinquishment Deed dated 27/02/1969, in favour of his brother Abdul Subhani who was the father of the vendor of the plaintiff. Accordingly, the mutation was carried out in the name of Abdul Subhani to which defendant no.1's father namely Abdul Shakoor had objected, however, the same was turned down by the concerned authority.