MOHD AARIF & ORS Vs. HAMID & ANOTHER

JUDGEMENT

(1.) This miscellaneous petition under Article 227 of the Constitution of India has been filed by the Plaintiff Nos.1 to 9 against the order dated 8/09/2017, passed in Miscellaneous Civil Appeal No.11/2012 by which the learned Lower Appellate Court set aside the order for grant of temporary injunction dated 22/02/2017 and allowed the appeal of defendant No.1 Hamid.

(2.) The facts of the case are that the petitioners/plaintiffs have filed the suit for declaration and permanent injunction against the respondents in respect of suit land situated at village Multanpura, Tehsil and District Mandsaur. The suit has been filed on the basis of two sale-deeds dated 25/07/1963 and 23/06/1981(Annexure-A/8) which are said to have been executed by one Abdul Rehman and Fatima Bi. On perusal of the aforesaid sale-deeds, it shows that there is neither mention of any survey number nor the boundaries of the property said to have been sold are mentioned. In both the sale-deeds there is no description of the boundaries of the land which is alleged to have been sold to the petitioner's predecessors.

(3.) It is not in dispute that the suit land is a part of a large holding and there is no evidence of partition between the cobhumiswamis. In such circumstances a specified part of the property could not have been sold to the predecessor of the petitioners nor its possession could have been delivered to the purchaser. The petitioners have never been in possession of any part of the suit land and the same is in exclusive possession of the defendants.