SHAIKH ALLAHWALA Vs. SAYYAD NIGAH ALI

JUDGEMENT

(1.) This second appeal filed under Sec. 100 of Code of Civil Procedure takes exception to the judgment and order passed by District Judge, Aurangabad dtd. 21/11/2014 in Regular Civil Appeal No. 304/2012 and judgment and order dtd. 26/03/2012 passed by Civil Judge, (J.D.), Khultabad in Reg. Civil Suit No. 141/2009 whereby the suit of the plaintiff was dismissed and the said judgment of dismissal is upheld in the first appeal.

(2.) Appellants are legal heirs of original plaintiff Shaikh Allahwala Shaikh Papa who had filed R.C.S. No. 141/2009 against Sayyad Nigah Ali Sayyad Chirga Ali and Khushiya Begum gulam Mohammad (respondents/original defendants). The suit was for declaration that sale deed dtd. 04/05/2006 bearing registration No. 1682/2006 executed by defendant No.1 in favour of defendant No.2 is null and void. It is the contention of the plaintiff that he has inherited the suit house from his mother. It is alleged that defendant No.1 has no concern with the suit house and on the basis of forged and fabricated documents he got his name mutated in the municipal record to get the house divided being house No.41 (new). It is also alleged that on the basis of the said mutation he transferred the property in favour of defendant No.2.

(3.) Defendants filed written statement (Exhibit 11) wherein defendant No.1 claimed exclusive ownership and possession of the suit property. He states about purchase of suit house from plaintiff on 11/11/1974 under a sale deed. It is also claimed that on the basis of the said transaction his name was mutated in the record of right by the Municipal Council. Defendant No.2 claimed purchase of the suit house from defendant No.1 on the basis of registered sale deed dated 04 /05/2006. Both claimed possession over the suit house one after another with effect from 11/11/1974 onwards.