QAMAR JEHAN KAUSER Vs. MOHD IBRAHIM MOOSA

JUDGEMENT

(1.) The defendant in O.S. No.4093 of 1984 on the file of the VI Assistant Judge, City Civil Court, Hyderabad, is the appellant. Late Mohd. Ibrahim Moosa, alone, filed the suit. During the pendency of the proceedings, the sole plaintiff died, and his legal representatives are brought on record. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(2.) The father of the plaintiff late J. Moosa held vast extent of property, in premises bearing Nos.4-1-866/1 and 2, at Abids Road, Hyderabad. The plaintiff and three others are his sons. The family partition of the property took place in the year 1978. The shares of the plaintiff and his another brother, by name, Md. Ismail Moosa remained joint. The division between them took place later. It is not necessary to mention, in detail, the items of property, that have fallen to the share of the plaintiff and his other brother. Suffice it to say, that the legal representatives of late Md. Ismail Moosa have leased out the premises, that have fallen to their share, in favour of the defendant, and that a lodge is being run therein.

(3.) The plaintiff pleaded that the partition between himself and his other brother is complete, in all respects. He stated that there existed a pump room on the southern side of his property and during acute scarcity of supply, water used to be supplied through pumps, from that place to the lodge, run by the defendant. It was alleged that during the absence of the plaintiff, on 11-12-1984, the defendant had laid a pipeline to the sump, from a bore- well, through the open land of the plaintiff. Ultimately, the plaintiff prayed for the relief of declaration, that the defendant had illegally laid the water pipeline, through the plaintiffs property, and sought for mandatory injunction against the defendant, for removal of the same.