RIZVI KHAN Vs. ABDUL RASHID

JUDGEMENT

(1.) This is plaintiffs' second appeal against the judgment of affirmance by which the plaintiff's suit has been dismissed.

(2.) Plaintiff filed the suit for declaration of title over Schedule-A property and for recovery of possession of the suit premises described in Schedule B by evicting the defendants and for declaring plaintiff's title over the suit property.

(3.) The plaintiff claims the suit property on the basis of gift deed executed on 1/9/1990 by owner of the property with respect to Schedule A property which is Khapparposh building comprising of five rooms over 2 1/2 Katha in the District East Singhbhum detailed in the plaint. Out of the five rooms, plaintiff on the basis of registered deed of gift is in occupation of three rooms whereas the defendants are in possession of two rooms of the said building for which the suit has been brought.