HAMID KHAN Vs. SHER KHAN

JUDGEMENT

(1.) THIS is defendant's second appeal against the judgment and decree passed by first appellate Court decreeing the suit of plaintiff-respondent.

(2.) PLAINTIFF -Sher Khan filed a suit for declaration that he is the owner of the disputed two 'Chabutaras' shown under the red ink of plaint map and the defendant be restrained by a decree of permanent injunction restraining him in interfering in the possession of plaintiff.

(3.) DEFENDANT resisted the suit by filing written statement and denied the factum of gift as set forth by plaintiff. According to defendant, the sale deed executed by said Fatma @ Bafatan Bi in his favour she included and sold the suit property and since the document is a registered document it cannot be questioned.