MOHINUDDIN Vs. PRESIDENT MUNICIPAL COMMITTEE KHARGONE

JUDGEMENT

(1.) This second appeal by the plaintiffs who succeeded before the trial Court, but lost before the first appellate Court, was, by order dated 2-3-79, as amended by order dated 29-6-92, was admitted for final hearing on the substantial questions of law set out below :- (1) Whether the lower appellate Court committed an error in law in dismissing the suit for declaration of plaintiffs' title over the suit land on the ground that the document Ex. P/1 was not registered ? (2) Whether in the facts and circumstances of the case, the lower Court erred in law in dismissing the suit of the plaintiffs ?

(2.) The plaintiffs are sons of Badruddin who died some time in the year 1924. They claim that their father Badruddin, on 28-2-20 vide sale-deed Ex. P/1 purchased from one Anver Sheikh Mohammad an open land for a consideration of Rs. 25/- as described in para 1 of the plaintiff, situated at Khargone. The sale-deed is in 'URDU' and its 'HINDI' translation is Ex. O/1A. After the death of their father, they become the owners of the land in question. The plaintiffs applied to Nagar Palika Khargone for permission to construct a building on the land, but Nagar Palika declined to grant permission denying that plaintiffs Title over the land as also urging that the title vested in Nagar Palika. The plaintiffs therefore, after serving requisite notice, filed a suit for declaration of their title over the land as also for declaration that they are entitled to construct building on the same.

(3.) Nagar Paika resisted the suit denying that the plaintiff's father had purchased the land. The identity of the land was also denied. The plaintiff's right of permission to construct building over the land was also denied. It urged for dismissal of the suit.