SUBHAN SHAH Vs. BARKAT BAI

JUDGEMENT

(1.) THE order impugned is passed in Misc. Appeal No. 8/94 by the XVth Additional District Judge, Indore, vacating the order of temporary injunction passed on 10.12.93 by Civil Judge, Class -II, Depalpur in Civil suit No. 123 -A/92, restraining the defendants -respondents from alienating the suit property, pending decision of the suit.

(2.) THE property in dispute is a house situated at village Kanadiya. The house originally belonged to late Navab Shah, the father of the appellant -plaintiff. Late Navab Shah had another son Smile Shah, who has also since died and is survived by his widow and three sons, the respondents here. The plaintiff claims title to the suit house on the basis of an unregistered will allegedly executed in his favour by late Navab Shah. The respondents -defendants have denied execution of said will and contended that Subhan Shah was separated by Navab Shah in his life time after giving him some other properties. The suit house, according to them, was given to their late father Smile Shah by Navab Shah in his life time.

(3.) THE trial Court granted only limited injunction against alienation pendente lite. The appellate Court vacated the injunction on the premise that plaintiff is neither in possession of the property nor has any interest therein.