AKBAR KHAN Vs. FARIDABI

JUDGEMENT

(1.) The judgment passed in this appeal shall also govern the disposal of connected S.A. No. 42/1999 (Yasin Khan Vs. Farida Bi & ors.) filed by fourth defendant Yasin Khan since both the appeals have arisen from a suit filed by the plaintiff/respondent No. 1. Initially a suit for injunction was filed by the plaintiff on the basis of her ownership, however, according to her she was dispossessed from the suit property during the pendency of the suit in the Trial Court and eventually she amended her plaint and has also sought relief of possession.

(2.) The suit property is agricultural land, the description whereof has been mentioned in the plaint and which is the subject matter of the suit. According to plaintiff, she is the owner having possession of the suit property and is also cultivating the same. The land revenue is also being paid by her.

(3.) The defendants are not having any right in the suit property even then they are trying to take the possession illegally from her and with the said intention on 23.04.1987 they came and gave threat to dispossess the plaintiff, hence firstly she filed a suit for injunction and when lateron she was dispossessed on 15.04.1989 she amended her plaint and pleaded this fact that she has been dispossessed and also amended the relief clause of her plaint by adding the relief of restoration of possession.