MOHD IBRAHIM Vs. MUNNI ALIAS ZAINAB BEE

JUDGEMENT

(1.) Respondent filed a suit under Section 6 of the Specific Relief Act, 1963 (for short "the Act") for recovery of possession of the plaint schedule property alleging that the plaint schedule property is her property and that the first revision petitioner, who is her husband, and other revision petitioners, who are the first wife and children of the first revision petitioner, have forcibly necked her out of the plaint schedule property.

(2.) The first revision petitioner filed his written statement, inter alia, contending that after he developed intimacy prior to the marriage, he purchased a vacant site in the name of the respondent and constructed an house therein later and so the plaint schedule property, in fact, belongs to him and that the sale deed in favour of the respondent is only a benami transaction and that the respondent out of her own volition went away from the house and so she is not entitled to any relief.

(3.) On the basis of the pleadings, the trial Court framed two issues for trial. In support of her case, the respondent examined herself as P.W.I and another witness as P.W.2 and marked Exs.Al to A5. On behalf of the revision peiitioners, the first revision petitioner examined himself as R.W.I and two other witnesses as R.Ws.2 and 3, but they did not adduce any documentary evidence on their behalf. The trial Court held in favour of the respondent and decreed the suit directing the revision petitioners to vacate the plaint schedule property within two months from the data of the judgment. Aggrieved by the said judgment, this revision is preferred.