MANSOOR AHMAD KHAN Vs. TILESHWARI DEVI

JUDGEMENT

(1.) Heard Mr. V. Shivnath, learned Senior counsel for the appellant. The present appellant was defendant and has lost in both the Courts below i.e. before the Trial Court as well as before the appellate Court.

(2.) The plaintiff/respondent filed Title Suit for declaration of right, title and interest under suit property and for confirmation of possession, alternatively for recovery of possession. The plaintiff further prayed for permanent injunction restraining the respondents from taking possession of the premises in suit and from making any construction over the same. The Trial Court, on the basis of the evidence and materials on record as well as on consideration of the points raised by the parties, decreed the suit declaring the right, title and interest of the plaintiff and directed the defendant to hand over the possession of the suit land to the plaintiff.

(3.) The Trial Court held that the plaintiff acquired right, title and interest over 13 Katha 1 Decimal of land falling in Northern part of the suit plot through a Sale Deed dated 12.07.1963 (Ext. 3/A). The Trial Court further found that vide Sale Deed dated 27.03.1961, contained in Ext-'3' Bibi Akhtar Khanam acquired southern half of the suit plot measuring 14 Katha which is not in the suit land but she (Bibi Akhtar Khanam) did not sell her southern portion of suit plot rather she sold the northern portion of the suit plot to Smt. Maya Saran and Sangita Saran through sale deeds Exts-G/4 and G/5. The land sold by Bibi Akhtar Khanam did not belong to her and as such, Smt. Maya Saran and Sangita Saran purchased nothing but a bag of wind. Present defendants have stepped into the shoes of Maya Saran and Sangita Saran, therefore, they also purchased nothing but the present litigation.