GULAMUDDIN HISAMUDDIN Vs. MOHD BASHIRUDDIN MOHD SAIFUDDIN

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 2-1-1990 passed by the 3rd Additional District Judge, amravati, in Regular Civil Appeal No. 52 of 1984 by which the Appellate Court confirmed the judgment and decree dated 21-12-1983 passed by the Civil judge, Senior Division, Achalpur, in Regular Civil Suit No. 149 of 1979 directing original defendants No. 1 and 2 to deliver the vacant possession of the suit premises to the original plaintiff.

(2.) RELEVANT facts are as under : mohammad Saifuddin instituted regular civil suit for possession on the strength of his title against his own brother original defendant No. 1 and the subsequent purchaser original defendant No. 2. It is contended that the plaintiff had purchased the suit premises from one Abdul Wahab on 25-3-1947 by virtue of unregistered sale-deed (Exh. 37) and the erstwhile owner had delivered the possession of the suit house to him on the same day. It is contended that one Jalaluddin was inducted as a tenant in the suit house on behalf of Mohammad Saifuddin and the Rent Note dated 27-9-1972 was also executed by the tenant. It is contended that original defendant No. 1 Naruddin took forcible possession of the suit house from the tenant in the month of May 1974 and thereafter he had executed the sale-deed dated 4-2-1976 in favour of defendant No. 2 Gulamuddin during the pendency of the suit. The plaintiff saifuddin died during the pendency of this appeal and his legal heirs were brought on record.

(3.) THE original defendant No. 1 Naruddin did not contest the suit and the same proceeded exparte against him.