JAINUR ALI Vs. CHAFINA BIBI

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the learned District Judge, A.V.D., dated 22-9-1944 who set aside the judgment and decree of the trial Court which had dismissed the plaintiff, appellant's suit for declaration of title and khas possession to the land in suit. The trial Court had decreed the plaintiff's title to certain houses standing upon the land and awarded compensation for the defendants' failure to vacate them. This part of the judgment and decree of the trial Court was affirmed by the lower appellate Court.

(2.) The facts material to the appeal are these : On 20-1-1943 the plaintiff purchased from defendant 1 by two registered sale deeds the lands in suit and certain houses standing thereon. On the same day, (20-1-43) defendants 1, 2 and 3 executed a kabuliyat in favour of the plaintiff, by which they were permitted by the plaintiff to live in the houses rent-free for three months and on the expiry of the period, they were to vacate them. On the strength of the purchases, the plaintiff applied for mutation of his name in the municipal register, but his application was successfully resisted by defendants 1, 2 and 4. The plaintiff thereupon brought the present suit.

(3.) The defence to the suit was that the land and houses were the ejmali paternal properties of defendants 1 and 2 that they were in possession of them as co-sharers; that the land was held by defendant 1 under an annual patta from Government and as such could not be the subject-matter of a sale; that the annual patta was renewed by the Government in favour of defendant 1 even after the alleged-sale. Defendant 4 further contended that 13 lessas out of the land in suit were given to him by gift from his grandfathers Mahnur and Fahnur and that he had been in possession of this land for 26-80 years.