SABIR MOHAMMAD Vs. PARWATI BAI

JUDGEMENT

(1.) THE present Second Appeal has been filed u/S. 100 of the Code of Civil Procedure, 1908 against the judgment and decree dated 1/9/2006 passed in Civil Regular Appeal No. 63/2005.

(2.) Facts of the case reveal that the present appellant Sabir Mohammad has filed a Civil Suit claiming declaration of title and for grant of permanent injunction against the defendants stating categorically that he is the title holder of the suit property ie., shop and the open land in front of the shop and open land behind House No. 57, New Number 714, Jawahar Marg, Indore. A declaration was also sought in respect of the suit property with a specific prayer that the judgment and decree delivered in an eviction suit which was between the defendants ie., Civil Suit No. 528/1964, New Number 33/1965, is not binding upon the plaintiff. The plaintiff Sabir Mohammad, in paragraph 3 has categorically stated in his plaint that the plot in question was a plot adjoining the river and a running drain ('Nala'). It was unfertile land which was lying open and in those circumstances he constructed a temporary shed over it. He has also stated that he took possession of the property which was certainly not his property and by virtue of adverse possession, he is the title holder. A relief of declaration in respect of the judgment and decree dated 24/12/1965 was also sought, as already stated earlier, which was in respect of a landlord tenant suit. There was a direction to evict the tenants therein and as the present appellant was residing in the suit premises, he sought a consequential relief for a declaration that the judgment and decree dated 24/12/1965 is not binding upon him.

(3.) In order to understand the issue which was decided in the Civil Suit vide judgment and decree dated 24/12/1965, certain necessary facts are required to be mentioned in the present judgment. The land in question ie., the land bearing Survey No. 101, Jawahar Marg, Indore was transferred to one Sadashiv Pundlik Joshi by virtue of an ante-adoption (settlement deed), the same was executed on 25/2/1947. The suit property was transferred vide a registered deed by Sadashiv Pundlik Joshi in favour of Shridhar Joshi.