ABDUL NAEEM Vs. HAMEEDA KHATOON

JUDGEMENT

(1.) THIS appeal is directed against judgment and decree dated 24.10.2007 passed by District Judge, Pali partly modifying the judgment and decree dated 13.02.2007 passed by Civil Judge (Junior Division), Marwar Junction.

(2.) THE facts in brief may be noticed thus: the respondents, who are mother and sister of the appellant Abdul Naeem and mother -in -law and sister -in -law of appellant Smt. Tabassum filed a suit against the appellants for permanent injunction with the averments that they were in possession of the portion of suit property and the defendants -appellants were bent upon dispossessing them from the suit property; the plaintiffs have no other place to live and, as such, the defendants be restrained from evicting the plaintiffs from the suit property and not to interfere with their possession.

(3.) THE trial court framed five issues. Evidence was led by the parties and after hearing both the parties, the trial court came to the conclusion that merely because the property has not been partitioned as per Muslim law between the parties, the defendants cannot be permitted to dispossess the plaintiffs by taking law in their own hands; the possession of the plaintiffs was proved but they failed to prove that they came in possession based on certain partition. Ultimately, the trial court passed decree against the defendants not to dispossess the plaintiffs from the suit property and not to interfere with their possession. It was also clarified that the defendants would be free to evict the plaintiffs by following due procedure of law.