SAIRABANO SHEIKH AHMED Vs. MOHAMMED SHAKIL

JUDGEMENT

(1.) This Second Appeal challenges the Judgment and decree dtd. 17/4/2010 passed by the learned Civil Judge, Senior Division, Amravati in Regular Civil Suit No.390/2004, whereby the suit filed by the appellants/plaintiffs came to be dismissed which was confirmed by the learned Principal District Judge, Amravati in Regular Civil Appeal No.92/2010.

(2.) The facts in brief are as under :

(3.) Respondent no.1 came up with a case that Sheikh Ahmed and Sheikh Mohd. were the owners of the suit house. Sheikh Ahmed was the owner of the northern portion of the suit house whereas, Sk. Mohd. was the owner of the southern side of the suit house. It is alleged that deceased Sk.Ahmed executed a will and bequeathed the northern portion of the suit house to him and after death of Sk, Ahmed, he became the owner of the suit house and accordingly, his name was mutated. Respondent nos.2 and 3 also stated in their written statement that they have been residing in the suit house since more than 45 years with the permission of respondent no.1. The respondents sought dismissal of the suit.