SHAIK RAHIM Vs. SHAIK NASAR AHMED

JUDGEMENT

(1.) This Second Appeal is filed against the concurrent judgments rendered by the Court of the Principal. Junior Civil Judge, Markapur in O.S. No. 355 of 1999 and the Court of the V Additional District Judge Markapur in A.S. No. 243 of 2009. The Appellant is the 2nd Defendant in the suit.

(2.) The suit was filed by Shaik Imambi and her husband against the Appellant herein and his father (1st Defendant), who is no more, for the relief of declaration of title in respect of suit schedule property, marked as: (a) B C E D and (b) E F G J. They have also prayed for the relief in the form of a mandatory injunction for removal of gate fixed at point 'K' in the land. It was pleaded that they purchased the suit schedule property and other extent through Sale Deed, dated 21-03-1966, marked as Ex.A-1 and constructed a house on part of it. The first part of the suit schedule property is a site between a public road on the eastern side of the house of the Plaintiffs and the second part of it is a land between their house and the Mosque on the southern side. According to them, the Appellant and his father have high-handedly erected a gate opening into the suit site and are interfering with the enjoyment of the said property by them.

(3.) On behalf of the Appellant, written statement was filed. It was stated that the suit schedule property is part of the Mosque ever since 1989, when the owner of the property had settled the same in favour of the Mosque. The father of the Appellant was said to be the Muttawalli of the Mosque.