SARKAR-E-AALI ZARIA NAZIM Vs. ATHAR

JUDGEMENT

(1.) THIS is an appeal on behalf of the Director of Endowments against the judgment and decree dated 27th Bahman 1357F., of the First Judge, City Civil Court, awarding the respondent the possession of mulgi bearing Municipal No. 6545/6546 situate in Maharaj Gunj, Hyderabad, and mesne profits amounting to O.S. Rs. 960/ - and future mesne profits at the rate of Rs. 10/ - per mensem till the date of the recovery of possession.

(2.) THE respondent's case, as set up in the plaint was that the mulgi in dispute was mortgaged possessorily with one Zanuruddin in the year 1300F., on whose death the mortgagee's right devolved on his brother Waziruddin. On the latter's death, in a suit brought for the distribution of his assets the mulgi in question fell to the share of Mahbub Begum. Mahbub Begum in her turn sold it to the respondent on 8th Thir 1344F., by a registered sale -deed (page 13 of the printed copy).

(3.) ON these pleadings, the following issues were raised: