RASHID KHAN Vs. STATE OF M P

JUDGEMENT

(1.) This is plaintiff's first appeal since their suit for declaration and injunction has been dismissed by learned Trial Court.

(2.) The facts necessary for the disposal of this appeal lie in narrow compass. Suffice it to say that a suit for declaration and injunction in respect of a house, the description whereof has been mentioned in the plaint and which is the subject matter of the suit, has been filed by the plaintiffs against the defendants/respondents on the averments that they have purchased the suit property from Mohammad Sabir on 27-7-1990 and 16-2-1990 by two registered sale-deeds (Bxhs. P-1 and P-2) and entered into possession of the suit property. Further the case of the plaintiffs is that their vendor purchased the suit property from Qamal Abbas Khan who was the surviving heir of Musharraf Jahan Begum, the owner of the suit property vide registered sale-deed dated 2-12-1986 and thus, they are the owner of the suit property, but, the respondents/defendants are trying to interfere into their possession. It is the further case of plaintiffs that Sub-Divisional Officer/Additional District Magistrate vide order dated 5-10-1991 in Case No. 10-A/68/1991-92 by holding that the suit property is Government property, has directed to evict the plaintiffs and hence, the present suit has been filed.

(3.) The plaint averments were refuted by the defendants by filing written statement. Their stand is that the suit property is owned by the Government and has been recorded in the revenue record as Nazul land, therefore, not only the plaintiffs but their predecessors were also not the title holder of the suit property and, therefore, status of the plaintiffs is that of a tress-passer only and rightly the order has been passed by the Sub-Divisional Officer directing them to evict the suit premises.