MOHAMMED FARUQ Vs. TOQIR AHMED

JUDGEMENT

(1.) The petitioner has preferred this writ petition praying the following reliefs :-

(2.) Brief facts of the case as noticed by this Court are that the present dispute pertains to a plot measuring 195 Sq. yard situated at Dhobi Talai, Bikaner (Rajasthan) originally owned by Gafoor Khan. After death of Gafoor khan on 2.3.1970, Smt. Nasiban W/o. Late Gafoor khan sold out disputed plot to Mohd. Ibrahim i.e. defendant no. 1 herein through registered sale deed. Thereafter the defendant no. 1 herein let out one room to Nishar Ahmed i.e. defendant-respondent no. 4 herein (relative's brother) and the other room to Sardar @ Sidara (defendant-respondent no. 2 herein) for residential purposes.

(3.) Counsel for the petitioners has pointed out that their maternal grand father (Nana) was rightful owner and their maternal grand mother (Nani) Smt.Nasiban has wrongly alienated the property to the respondents as she could not have alienated beyond her share while both her daughters were surviving. He states that the present suit is maintainable and the petitioners are entitled to grant of temporary injunction as they are in person and they are likely to be dislocated on account of the executing proceedings launched by the respondent no.1. He has relied on the judgment rendered by the Honourable Supreme Court in the case of T.Ravi & Anr. vs. B. Chinna Narasimha & Ors. Etc.,2017 1 WLC(SC)Civil 731, Head Note (I), which reads as follows:-