HAMEED ULLAH BADROO Vs. ALI MOHAMMAD BASDROO

JUDGEMENT

(1.) With respect to property of one Ama Joo Badroo, a succession dispute came to take seat between his two sons which resulted in filing of a civil suit by one of his sons who is the appellant herein against his brother, the respondent no. 1 herein, and also the widow and daughter of said Ama Joo Badroo. The appellant, as being plaintiff, came to file civil suit for declaration with consequential relief as prayed for in the suit. The respondent no. 1, as being the contesting defendant, came to counter the suit of the appellant which resulted in framing of five number of issues of facts and law before the trial court of learned Munsiff, Anantnag. The issues which came to be framed are as under:-

(2.) The trial court, upon appreciation and appraisal of the evidence led and pleadings of the case from both sides, came to dismiss the suit of the appellant by returning findings on all five issues against the appellant. The trial court came to uphold a document dtd. 31/12/1988 made and executed amongst the family members of Ama Joo Badroo and which includes the appellant and respondent no. 1 being one of the subscribers of the said document. The said document settled the matter of devolution of the property of Ama Joo Badroo and, accordingly, came to be acted upon by all the parties thereto. The trial court came to hold that the said document dtd. 31/12/1988 is binding upon the parties thereto that includes the appellant and the respondent no. 1 and, as such, even held the suit of the appellant barred by limitation as well in so far as challenge to the said document dtd. 31/12/1988 was concerned.

(3.) The appellant preferred a civil first appeal before the Court of Principal District Judge, Anantnag on 11/12/2013 in which the lower appellate court of Principal District Judge, Anantnag came to pass a judgment dtd. 24/7/2014 dismissing the appeal of the appellant by concurrent findings viz-a-viz the issues of law and fact as framed in the suit. The lower appellate court confirmed the findings of the trial court as returned on all the five issues.