NOOR MOHAMMAD KHUDA BUX Vs. SALIM ABDUL KARIM

JUDGEMENT

(1.) THIS is plaintiff's appeal who has lost in both the Courts below.

(2.) THE dispute between the parties pertains to a three feet wide strip of land situated between their adjoining properties. According to plaintiff, the property in dispute is part of Survey No. 312/1 situated in Azad Nagar, Indore. It was claimed that an open piece of land was taken on lease by the plaintiff and his brother in the year 1959. Plaintiff claimed that on half portion of the land, he constructed a residential house and the remaining portion was left vacant with a Well dug in there and a privy. It was claimed that plaintiff had purchased the property by a registered saledeed in 1966 vide Ex. P3. It was claimed that plaintiff had let out this property to the tenant. Further case of plaintiff was that respondent encroached upon the disputed land and when this fact was discovered by plaintiff, he got a further sale deed executed in his favour on 7.6.1974 vide Ex. P4. He asked the defendant to remove the encroachment, but to no avail, therefore, he filed a suit for permanent injunction, possession and also claimed mesne profit @ Rs.15/ per month.

(3.) IN the written statement, respondent denied all material allegations of fact. It was denied that disputed property was part of Survey No. 312/1 situated in Azad Nagar, Indore. Respondent further denied that the saledeeds set up by plaintiff conferred any right, title or interest as according to him, vendor (Abid) had no right to execute the sale deeds. It was claimed that the disputed property is part of Survey No.310/1 and respondent had purchased the property from Mohd. Jakir by registered saledeed vide Ex. D1. He also set up the saledeed vide Ex. D2. With these pleadings, parties went to trial and adduced oral as well as documentary evidence.