USMAN ALI Vs. CHAMPA DEVI

JUDGEMENT

(1.) These appeals are directed against the common judgment and separate decrees dated January 10, 2018 passed by the learned Additional District Judge Andaman and Nicobar Islands Port Blair in Title Appeal No. 03 of 2013 heard analogously with Title Appeal No. 04 of 2013. By the said judgment and decree, Title Appeal No. 03 of 2013 was allowed on contest and the Title Appeal No. 04 of 2013 was dismissed on contest.

(2.) One Shiv Shankar Mishra i.e predecessor-in-interest of the respondents herein filed a suit for declaration of title over schedule A property and for recovery of possession and damages in respect of B Schedule property against Sakina Bib i.e predecessor-in- interest of the appellants herein. The said suit which was originally registered as Title Suit No. 11 of 1989 was renumbered as Title Suit No. 37 of 2011.

(3.) The case of the plaintiff in Title Suit No. 37 of 2011 is that the suit property originally belong to one Smt.Jaibasi who transferred the same in favour of Shiv Shankar Mishra by dint of a registered deed of gift executed on 27/9/1985. Smt. Jaibasi was permitted to live in one room of the wooden house till her death. One Sakina Bibi claiming herself to be a distant relative of Jaibasi came to see her at the suit property before the death of Jaibasi and continued to stay there in a portion of the suit house which has been described in schedule B of the plaint. After the death of Jaibasi, Sakina Bibi claimed herself to be the owner of the property left by Jaibasi. The plaintiff requested the defendant to vacate the B schedule property and also issued a notice calling upon her to quit and vacate the said property. Since the defendant failed to comply with the terms of the said notice, Shiv Shankar Mishra filed the suit.