IBRAHIM S O ASHRAF PATEL Vs. JAMROOD BEE

JUDGEMENT

(1.) HEARD.

(2.) THIS second appeal is directed against the judgment and decree passed by the 3rd Additional District Judge, Beed in Regular Civil Appeal No. 153 of 1991 filed by present appellants, who are original defendants Nos. 1 and 2 in Regular Civil Suit No. 287 of 1978 filed by respondents Nos. 1 to 3 (original plaintiffs ).

(3.) THE facts giving rise to this second appeal are as under : syed Fazal was owner of the land bearing Serial No. 48-AA of village Brahmagaon, taluka Georai, District Beed. The suit land Serial No. 48-AA admeasuring 11 acres 32 qts. Syed Fazal died about 17 years before institution of the Regular Civil Suit No. 287 of 1978 leaving behind his two widows Chandbi and Sahebbi. Original plaintiffs Nos. 1 to 3 are the daughters of Chandbi. After the death of Syed Fazal, his widows Chandbi and Sahebbi become owners of the suit land along with the plaintiffs. Chandbi and Sahebbi are no more alive. The plaintiffs claim that after the death of Chandbi and Sahebbi, they came into possession of the suit land. The appellants offered obstruction to their possession and, therefore the plaintiffs filed Regular Civil Suit No. 287/1978 in the Court of Civil Judge, Junior Division, Georai for grant of relief of perpetual injunction.