MOHD ABID HUSSAIN Vs. SK SAJJAD HNSSAIN

JUDGEMENT

(1.) - This application is directed against an order dated 26-7-1988 passed by the Additional Munsif, 2nd Court at Aurangabad in Title Suit No. 16 of 1986 whereby and whereunder the said learned court rejected an application filed on behalf of the petitioner purported to be under Sections 4 (B) and 4 (C) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to the said Act).

(2.) The fact of the matter lies in very narrow compass.

(3.) The plaintiff filed Title Suit No. 16 of 1986 for a declaration that a deed of gift executed in favour of defendant-petitioner No. 1 was a sham and void documents. According to the plaintiff-opposite party, he is the owner of said property. The defendant-petitioner No. 2 was the legally wedded wife of his son Naimuddin and defendant-petitioner No. 1 was his grandson.