HABIBUDDIN SADRUDDIN Vs. AMIRBI SHUJAUDDIN INAMDAR

JUDGEMENT

(1.) This is an appeal by original defendants challenging concurrent judgments delivered by the Courts below.

(2.) Respondent No. 1 - Amirbi (herein after referred to as 'deceased plaintiff)had instituted Regular Civil Suit No. 92/1976 in the Court of Civil Judge, Junior Division, paithan, claiming declaration of ownership and possession of Northern half portion and perpetual injunction in respect of Southern half portion of the land in dispute. The suit land is an Inam land and has been abolished under the provisions of Hyderabad Abolition of Inams and Cash Grants Act. Deceased Ajijabi, mother of plaintiff was the owner of the land and was in possession. She died on 28th November, 1952, leaving behind the plaintiff as her only daughter. The plaintiff was in possession over the suit land since 1953-54. Deceased Ajijabi had one more daughter Noorbi. She died in the year 1953. Defendants are heirs of deceased Noorbi.

(3.) The trial Court, after recording evidence of the parties, came to the conclusion that the plaintiff has established her case and as such, by judgment and decree dated 4-12-1980, directed defendants to deliver possession of Northern Half portion of suit land. Defendants have also been restrained from interfering in plaintiff's possession over the southern half portion of the suit land.