SHAHJAD KHAN (DEAD) THROUGH HIS LEGAL REPRESENTATIVE DR JAKIR S/O HABA KHAN Vs. DAYARAM S/O DEVAJI MALI AND OTHERS

JUDGEMENT

(1.) Arguments of parties heard on IA No.6402/2016, an application under Order XXXIX Rule 1 and 2 readwith Section 151 of C.P.C.

(2.) It is submitted by the applicant/appellant that he has purchased land bearing survey No.717 ad-measuring 0.885 hectare of by sale-deed dated 01/02/1999 and also got possession of the same and since then he is in continuous possession. The trial Court wrongly dismissed his claim. Under the aegis of judgment, the respondent is trying to dispossess him. He has started constructed over it from 22/06/2016. He reported the matter to the police but the police did not take any action. As the dispute between the parties is still pending and it is necessary to keep the disputed property in the present form. Respondents are trying to change nature of the suit property and they are also trying to dispossess the appellant, therefore, they be restrained from the same and also from making any structure over the suit land. It is also requested that they (respondents) be directed to remove the construction they have made over the suit land.

(3.) In reply, the non-applicants/respondents have denied all the allegations levelled by the appellant. It is submitted that the appellant has filed the present application by suppressing and misleading the facts. It is the case of the respondent that the suit land belongs to them. Earlier Kanhaiyalal; son of owner of the land Dewa, got executed a power of attorney. Dewa filed a civil suit No. 57-A/92 in Civil Court, Javra for cancellation of power of attorney. In this civil suit father of the appellant helped Dewa by giving statement in his favour. Taking advantage of the faith developed due to this help, father of the appellant Siddik Khan got executed a power of attorney in his favour from Dewa without informing him or without his knowledge. On the basis of this power of attorney; he executed sale deed in favour of his son; the present appellant. Dewa filed present civil suit 24-A/05 for declaration and injunction. During the trial of the civil suit injunction was granted in favour of the plaintiff and at the end of the trial the suit was decreed. The trial Court held that Dewa was owner of the suit land and he was in possession of same. The sale-deed was sham and void ab-initio. The trial Court also restrained the appellant to interfere with the possession of answering respondents.