GAFUR KHAN Vs. KHATOON BEE & OTHERS

JUDGEMENT

(1.) In this second appeal under Section 100 of the Code of Civil Procedure the challenge is to the concurrent findings of both the Courts below, whereby the suit for declaration of ownership and permanent injunction has been decreed in favour of the plaintiff.

(2.) The present second appeal has been admitted on the following substantial question of Law :-

(3.) Short facts giving rise to the instant dispute is the disputed property comprising the area 6.62 hectares is entered in the revenue records in the names of the plaintiff as well as the defendants. Wahid Ali Son of Sher Ali bequeathed 6 bighas 7 biswas in the said disputed property in favour of Altaf Ali Son of Gafoor Ali. Gafoor Ali is the plaintiff. The entire suit land is ancestral. The plaintiff is alone occupying the said land and is in possession. Leaving aside the land bequeathed by way of the Will, the remaining land admeasuring 6.62 hectares is in possession of the plaintiff. In this factual background, the plaintiff contends that Begum Bee Widow of Alidad Khan with ulterior motive has entered her and the name of Khatoon Bee in the revenue records as regards the said suit land and are now intending to alienate the said suit property. Plaintiff further contended that out of the said suit land, 1.045 hectare of land has been sold on 10.09.1990 in favour of the defendants no. 5 and 6 by Begum Bee and Khatoon Bee. This gave rise to cause of action for preferring the suit by the plaintiff.