KADAR RAJU SHAIKH Vs. ABBAS PIRMOHAMAD SHAIKH

JUDGEMENT

(1.) This second appeal challenges an appellate order passed by the District Court at Nashik allowing the appeal filed by the Respondents (original Defendants) and dismissing the suit filed by the Appellant (original Plaintiff), which was originally decreed by the trial court. The suit was essentially on the basis of an alleged settled possession of the Plaintiff; it sought to restrain the Defendants from interfering with, or causing any obstruction to, such possession. The substantial question of law, on which the appeal was admitted, is set out below:

(2.) After the parties are heard, the question has been reframed as follows :

(3.) The suit property consists of land bearing Gat No.443 situate at Adgaon, Taluka Chandwad. It admeasures about 6 H and 37 R. This land was admittedly a self-acquired property of one Hamid Husein, who had purchased, and was in cultivation of, the same. It was the case of the Plaintiff that at the age of 105 years, Hamid Husein expressed an intention to make a gift of the property to the Plaintiff and gave its physical possession to the Plaintiff, who accepted the same. It was submitted that thereafter, that is to say, after making of the oral gift, which was accepted by the Plaintiff, Hamid Husein applied to the Tahsildar, Chandwad for mutation of the suit property in the name of the Plaintiff in the revenue records. In accordance with this application, a mutation entry was effected in the name of the Plaintiff. Hamid Husein subsequently died, whereafter, the Plaintiff continued to be in exclusive possession and occupation of the suit property and was cultivating the same. It was the grievance of the Plaintiff that the Defendants, who had no concern with the suit property, were obstructing the Plaintiff and his labourers in cultivating crops in the suit property. Accordingly, the Plaintiff filed the present suit for a perpetual injunction against the Defendants restraining the latter from interfering with or obstructing the Plaintiff's possession of the suit property. By his judgment and decree dated 31 December 1987, the Civil Judge, Junior Division, Chandwad, decreed the suit granting the Plaintiff the perpetual injunction prayed for. On the Defendants' appeal before the District Court, Nashik, this decree was set aside by the District Court and the suit was dismissed by the impugned order dated 30 July 1992. Being aggrieved, the Plaintiff has filed the present second appeal.