SHEIKH SHAMIM Vs. SYED HUSSAIN ABBAS

JUDGEMENT

(1.) THE plaintiffs-respondents-appellants have filed this Second Appeal against the judgment and decree dated 03.08.1983 passed by the learned Additional Sub Judge, Chapra in Title Appeal No.157 of 1981 whereby the learned Lower Appellate Court allowed the appeal and set aside the judgment and decree of the trial court dated 24.08.1981 passed by the learned Munsif II, Chapra in Title Suit No.2 of 1969/42 of 1979.

(2.) THE plaintiffs-appellants filed the aforesaid suit for declaration that the suit land is the Sikmi Kast land of the plaintiffs and defendants have got no title over it. Further, prayer has been made for declaration that the order passed under Section 145 Cr.P.C. is not maintainable and further prayed for confirmation of possession and in the alternative, for recovery of possession.

(3.) THE defendant filed contesting written statement alleging that Gafur was owner of the land and he has sold the property on 01.09.1958 to the defendant no.2, widow of Gulam Sabbir. The defendants are related to Gafur and entire property of Gafur devolved on them after his death. The case of the Sikmi right of the plaintiff was denied. Payment of rent was also denied. They claimed continuous possession over the suit land.