AMINA BEE Vs. DALAZAK NAZIR AHMED KHAN

JUDGEMENT

(1.) This appeal is by the defendants 1 and 2, filed challenging the Judgment and Decree passed in A.S.No.22 of 1986 by the District Judge, Cuddapah on 14-9-1987, confirming the Judgment and Decree passed by the 3rd Additional District Munsif, Cuddapah dated 13-3-1986 in O.S.No.215/80.

(2.) The rank of the parties mentioned here is as they were arrayed in the trial Court.

(3.) A few facts which are necessary to disposeof this Second appeal, are as fpllows:- The case of die plaintiff before the trial court was that oneAzmatumissa was the original owner of the plaint schedule property, from whomMoM Khasim Khan, vendor of the plaintiff, purchased thesame in theyear 1947, under aregistered sale deed dated 25-11-1947 and obtained possession thereof. The said Mohd. KhasimKhan, becauseofsome disputes lhat were existing between himself and his sister, obtained the sale deed in the nameof the first defendant, who is his sister-in-law. The first defendant only anamelender or benamidar for Khasim Khan. Khasim Khan himself was in actual possession and enjoyment of the property through tenants, collecting rents etc. and paying taxes etc to the Municipality. The plaintiff purchased the said property in the year 1980, under aregistered sale deed dated 29-2- 1980foravalidconsideration of Rs.400/-and obtained possession and title to the property. The grievance of the plaintiff was that the defendants 3 to 5, who were the tenants of the property, colluding with the defendants 1 and2 with and idea to avoid vacating the premises and paying arrears of rent, set up title in defendants 1 and2. Therefore, the plaintiff filed the suit for declaration of his title to the plaint schedule property and for the recovery of possession of the same from the defendants and also for recovery of damages at Rs.40/- per month from defendants 3 to 5 for use and occupation of the plaint schedule property.