ALI MOHD. Vs. MOHD. HANIF

JUDGEMENT

(1.) The appellants-defendants have not been successful in defending the suit for relief sought by the plaintiffs qua declaration, joint possession and permanent injunction in respect of land measuring 27 kanals 15 marlas and ?rd share of land measuring 2 kanals 9 marlas on the basis of jamabandi/revenue record for the year 2003-2004.

(2.) It was stated that Badra @ Badar Din was the owner of land and on his demise on 28.11.1985, his daughter Aisha along with defendants became owners of the suit property to the extent of ?th share but on 12.04.2006, the mutation of inheritance was sanctioned in favour of the defendants only by the Assistant Collector, 1st Class, Malerkotla leaving Aisha. The parties were Mohammedan and governed by their personal law. As per Mohamedan law after the death of Badra @ Badar Din, defendants became owner to the extents of ?th share and Aisha to the extent of ?th share. On her demise, plaintiffs became owner to the extent of ?th share.

(3.) The appellants-defendants opposed the suit by denying that plaintiffs had any relationship or concern with the defendants in any manner. It was alleged that Wazira son of Gainda was owner in possession of the land and after his death Badra @ Badar Din became owners of the land along with his brothers Sadar Din and Janni. Forefathers and grandfather of defendants were agriculturists and governed by the customary law. It was alleged that plaintiffs malafidely obtained mutation bearing No.1516 dated 14.12.1991 in connivance with the revenue officials and the same was corrected by mutation No.30261 of 12.04.2006. The factum of parties being Mohammedan was not disputed.