ISUF JAINUDDIN DAWARE Vs. USMAN GULAMHUSSEN

JUDGEMENT

(1.) THE appellant filed the suit praying for reconveyance. It was alleged by the appellant that in the partition between him and his brother after the death of their father, Survey No.25 Hissa No.33 situated at village Kondivli has come to his share. He has executed a conditional sale in favour of the respondent on 24.4.1969 on accepting Rs.3000/-. THE possession was also given to the respondent on that date. THE condition was that if the appellant pays Rs.300/- within 15 years, the property shall be reconveyed. According to the appellant, he had paid Rs.300/- back to the respondent. THE respondent had cross marked on the sale deed. THE appellant was put back in possession on 15.11.1979, but the respondent did not execute the reconveyance.

(2.) ACCORDING to the respondent, the appellant was having half share of the land and his brother half share. Brother has executed the sale deed in his favour on 19.6.1979 and he has denied that the appellant was put back in possession. The trial Court decreed the suit filed by the appellant. I find that the appellate court did not consider the same on merits and has reversed the judgment and decree of the trial Court on the ground that in view of the allegation made by the respondent, the appellant would become the joint owner of this property along with his brother. Hence, the appellant shall be required to file the suit for partition and separate possession of the half share of the land and the suit filed by him in respect of the entire land is not maintainable. This is challenged here.