FAHEEMUNNISA BEGUM Vs. MIR MASOOD ALI

JUDGEMENT

(1.) At the request of the Counsel for the parties, the main CRP itself is heard and disposed of.

(2.) The petitioners filed OS. No 1988/88 before the V Addl. Judge, City Civil Court, Hyderabad, for a permanent injunction restraining the respondents from interfering with their possession of a part of the suit pro- perty, known as 'Razack Manzil', at Hyderabad. The case of the first petitioner is that her maternal grandfather, late Mir Abdul Razack, purcha- sed the suit property under Ex. A1-a registered sale deed-dated 22-6-1909, that after the death of the aforesaid Razack, the mother of the first petitioner, by name Ahmed Begum, inherited 1/6th share of the property which she gifted away to the first petitioner under Ex. A 37 dated 22-1-1952, that eversince the said gift, the first petitioner and her children have been in possession and enjoyment of the 1/6th portion of the building, in their own right and that the first defendant, who is no other than her own brother-in law, tried to dispossess them, claiming the suit property as a Wakf property and himself as a Muttavalli. Then she filed IA No.461/88 for a temporary injunction pending the suit.

(3.) The respondent resisted the petition contending that under the Wakf Deed Ex. B1 dated 21-3-1932 Ahmed Sherif, brother of Abdul Razack, gave the suit property to Wakf and Muntqua Ex. B-3 was executed and one Yusuf Sherif was nominated, who, in turn, nominated the first respondent as a Muttavalli, and that the petitioners have no right in the suit property