MOHD.SHAREEF KHAN Vs. MOHD.HANIF

JUDGEMENT

(1.) This second appeal is preferred by the plaintiff Mohd. Shareef Khan (since died, now by LRs Mohd. Habib and others) challenging the judgment and decree dtd. 2/9/1998 passed by District Judge, Raisen in civil appeal no.8-A/96 reversing the judgment and decree dtd. 18/4/1995 passed by Civil Judge Class I, Bareli, District Raisen, in Civil Suit no.71-A/94.

(2.) In short, the facts are that, original plaintiff Mohd. Shareef Khan instituted a suit for permanent injunction claiming himself to be exclusive owner of the disputed house and prayed that the defendant be restrained from making any interference in his possession over the disputed house which he received after death of Yakoob Khan as shown in the plaint map from item no.4.

(3.) The defendant Mohd. Hanif appeared and filed written statement claiming himself to be exclusive owner of the house in question with the contentions that in fact the house situated over an area 68'x68' is self acquired property of the defendant on the basis of registered sale deed dtd. 13/5/1965 (Ex.D/1). In para 10 of written statement, he contended that as the plaintiff has already completed construction of disputed house, therefore, the plaintiff has no cause of action. Along with the written statement, counter claim was also filed by the defendant to the effect that the plaintiff by raising construction has taken possession over disputed house shown in the map from mark "A", therefore, decree of possession be granted.