BOI CHINNAIH Vs. ABDUL RAZAK

JUDGEMENT

(1.) This Second Appeal is arising out of the judgment and decree dtd. 1/6/2015 in A.S.No.18 of 2014 on the file of VII Additional District Judge, Bodhan, which is arising out of the judgment and decree dtd. 23/4/2014, passed in O.S.No.25 of 2003 on the file of Junior Civil Judge, Bodhan.

(2.) For the sake of convenience, the parties are referred to as arrayed before the trial Court. The appellant is the 1st defendant.

(3.) Initially, the suit is filed by the plaintiff against the defendants seeking relief for specific performance and for perpetual injunction. The brief averments of the plaint are that the plaintiff is the owner of the suit land by virtue of oral gift made by his maternal grand father Shaik Hussain, when plaintiff was a small boy. It is important to note that the mother of the plaintiff married another person and as the father of the plaintiff is no more, his maternal uncles Abdul Wahed and Mohd. Rahman were put in possession of the suit schedule land, who looked after it and the plaintiff used to stay along with them. It is pertinent to mention that the plaintiff's maternal uncles gave the suit land on Batai Basis (on lease) to one Pallikonda Chinnana, i.e., father of defendant Nos.1 and 2, husband of defendant No.3 and father-in-law of defendant No.4. Further, Pallikonda Chinnana filed O.S.No.140 of 1985 on the file of Junior Civil Judge, Bodhan against the maternal uncles of the plaintiff for specific performance of sale dtd. 21/5/1967 and the said suit was dismissed on merits with a finding that he plaintiff is the true owner of the suit land. Later, the plaintiff shifted to Maharashtra for his livelihood and after coming back, he came to know that Pallikonda Chinnana died and his sons i.e., defendant Nos.1 and 2 were in possession of the property and therefore, filed the present suit for recovery of possession.