MOHD ISMAIL Vs. NOOR UD DIN

JUDGEMENT

(1.) Respondent No.1 had filed a suit for declaration and possession in respect of a house situate at Samboora, Tehsil Pulwama on the ground that he and respondent No.2 were reversioners of one Ghani Shah. Owner of the house, who was their fathers brother, and were entitled to inherit the house and seek its possession after his death. The said house is said to have been purchased by appellants from respondent No.3 who claims himself to be the adopted son of Ghani Shah deceased. On this ground the sale deed dated 17-4-1973 is said to be void and ineffective as against the interests of respondents 1 and 2.

(2.) The suit was decreed by the trial Court of Munsiff Pulwama. The trial Court had also held that respondent No.3 could not inherit on the basis of the alleged will also. On appeal the findings of the trial Court were confirmed by the District Judge Anantnag. Hence this second appeal.

(3.) Appellants have urged that respondent No.3 was adopted son of Ghani Shah and in the alternative they were entitled to inherit on the basis of will. It is also urged that the trial Court had failed to strike issue in respect of jurisdiction and if that issue was framed, it could be proved that the trial Court had no jurisdiction. Reliance was placed also on the basis of will alleged to have been written by Ghani Shah in favour of respondent No.3. Plea of adverse possession was also set up as a defence and it is contended that the Courts below misappreciated the evidence.