RAHATUNNISA Vs. SABER ALI KHAN

JUDGEMENT

(1.) THE 1st respondent filed O. S. No. 364 of 1981, in the Court of principal District Munsif, Warangal, for the relief of declaration of title and recovery of possession of the suit schedule property. The suit was decreed on 7. 8. 1981. After the decree became final, the 1st respondent filed E. P. No. 41 of 1992.

(2.) THE appellant, who is a third party, filed E. A. No. 401 of 2007, under Rule 58, read with 97 of Order XXI CPC. She impleaded respondents 2 to 6, who are the legal heirs of the defendant/judgment-debtor, also. According to her, the suit schedule property was purchased by her father from one Mr. Mushaq Hussain, in the year 1960, and in the year 1973, he made a oral Hiba, in favour of the appellant. It was stated that when respondents 2 to 6 raised dispute, in the year 1975, as regards the suit schedule property, it was settled thereafter. She has also stated that when at a later stage respondents 2 to 6 raised dispute, she filed OS No. 151 of 2007, in the Court of ii Additional Senior Civil Judge, Warangal, claiming ownership right over it.

(3.) THE 1st respondent opposed the claim petition. It is stated that during the pendency of the suit, an attempt was made by the mother of the appellant herein, claiming that she had an agreement of sale in her favour in the year 1965, and that the same was negatived by the trial Court.