YAKUB SHAREEF Vs. MAQDOOM SHAREEF

JUDGEMENT

(1.) This LPA is directed against the judgment dated 11-6-84 passed by a learned single judge in CCCA No.292/82.

(2.) The plaintiff is the appellant before us. He filed the suit for partition of the plait schedule property. The plaintiff and the defendant are real brothers. The suit property which is a house, was purchased jointly in their names under Ex.B.l, registered sale deed. According to the evidence addused in the suit, the plaintiff is living in a portion of the house and the defendant is getting the rents for the other portion of the house. The case ot the defendant is that the house was purchased jointly in their names but the entire consideration was paid by the defendant alone and consequently the plaintiff has no title or right or interest in the suit property. The defendant asserts that no part of the consideration was paid by the plaintiff and hence he alone is the owner of the entire suit property.

(3.) The trial court found that the property belongs to the defendant and that the sale deed was taken nominally in the joint names of both the plaintiff and the defendant and that the defendant was in exclusive possession and hence perfected his title by adverse possession.