RASOOL BEE Vs. GOUSIYA BEGUM

JUDGEMENT

(1.) This appeal is directed against the. judgment and decree in AS No. 10 of 1990 on the file of the Sub-Court, Suryapet, reversing the judgment and decree in O.S. No.3 of 1985 on the file of the District Munsif, Suryapet.

(2.) The appellants are the plaintiffs and the respondent is the defendant in the suit. The plaintiffs filed the suit for permanent injunction restraining the defendant from interfering with their peaceful possession and enjoyment of the suit lands.

(3.) The averments of the plaint are briefly as follows: One Mohd. Sharif was the original owner of the suit lands and some other properties. He died in the year 1966. He was the husband of the 1st plaintiff and father of plaintiffs 2 and 3. Mohd. Sharif had four sons viz., (1) Badruddin, (2) Azgar AH and the plaintiffs 2 and 3. During the lifetime of Mohd. Sharif, Azgar Ali was given some property, including some portion of the suit land, and the remaining property was being enjoyed by Mohd Sharif along with Badruddin and plaintiffs 2 and 3. Badruddin married Nadar Bee and they were issueless. Sometime after the marriage, Badruddin became mentally deranged; as such Nadar Bee left him in the year 1955 and married some other person. Badruddin, living along with the plaintiffs, died in 1980. The plaintiffs are in possession and enjoyment of the properties of late Mohd. Sharif and the 2nd plaintiff is managing the suit lands. The defendant seems to be the daughter of Nadar Bee through her second husband. The defendant has no manner- of right over the suit properties. She tried to interfere with the possession of the plaintiffs over the suit lands about since one week prior to the suit. Hence the suit for perpetual injunction.