SYED ABDUL JAMIL Vs. SHARIFA BIBI

JUDGEMENT

(1.) In this second appeal the defendant challenges the lower appellate Court's judgment decreeing -the plaintiff's suit for delivery of vacant possession of the house.

(2.) PLAINTIFF 's case is, Syed Mahamad Noor was the cousin brother of Syed Abdul Raheman, the father of the plaintiff and the defendant. Rokhia Bibi was the wife of late Syed Mahamad Noor. She had no issue through him. She adopted the plaintiff and the latter took her care staying in the disputed house, which belonged to Rokhia Bibi. Out of love and affection she executed a registered deed of settlement on 6 -10 -1959 and also put the plaintiff in possession of the house. Ths defendant and his father late Abdul Raheman were also signatories to the said deed. Since the defendant created disturbance in her possession, she filed the suit for declaration of title and possession.

(3.) THE lower Court held the document to be a Will and further held that the deed was not acted upon and therefore dismissed the suit. The lower appellate Court on the other hand held the document to be a deed of family settlement and that it conveyed a valid title in favour of the plaintiff. So far as adverse possession by the defendant is concerned, it held that the defendant's period of possession failed short of the statutory period since the defendant proved his possession only from 1968 and therefore decreed the plaintiff's suit.