ABDUL HAFIZ Vs. ABDUL AZIM

JUDGEMENT

(1.) THIS second appeal Is against the judgment and decree of affirmance dated 6.9.2004 passed by learned Additional District Judge, Fast Track Court III, Jamshedpur in Title Appeal No. 39 of 1998 upholding the judgment and decree dated 22nd July, 1998 passed by learned Munsif, Jamshedpur in Title Suit No. 169 of 1993.

(2.) THE plaintiffs had filed the said suit praying for a decree of permanent injunction restraining the defendant from executing and registering any transfer deed in respect of Schedule 'B' premises in favour of any third party.

(3.) THE case was contested by the defendant. It was contended by him that the defendant No. 1 had never executed any registered deed of release dated 23.11.1955 and the share of Abdul Gaffar, Gulam Rabani and Md. Darbesh as co -sharer was never admitted by her. The said deed of release is forged and fabricated document and prepared with ulterior malafide motive to grab the property of defendant No. 1. It has been stated that the defendant No. 1, herself executed the transfer deed in favour of wife of the defendant No. 2 and she has no power to execute power of attorney dated 9.11.1993 in favour of defendant No. 2 conferring any power including the power to transfer the suit land.