S.MD.SHARIF Vs. MOHAMMAD OSMAN

JUDGEMENT

(1.) Legal representatives of the original plaintiff have preferred this Appeal under Sec. 100 of Code of Civil Procedure (C.P.C.). Legal representatives of the original defendant are the respondents herein.

(2.) Sri Mohammad Sharif instituted O.S.No.59 of 1988 as against SriMohammad Osman with a prayer for declaration of title of plaintiff over the plaint schedule property and a consequential permanent injunction restraining the defendant and his men from trespassing into any portion of the plaint schedule property and for costs and such other reliefs. The claim of title was made stating that property originally belonged to the ancestors of the plaintiff and it all came by succession.

(3.) Defendant filed the written statement denying the plaint averments and contended that the property belonged to the Mosque and the plaintiff having joined as a tenant in a small portion of a space for running a hotel has come up with all false pleas and sought dismissal of the suit.