HALIMA KHATOON Vs. SAYED RASHID AHMAD

JUDGEMENT

(1.) THIS appeal arises out of the judgment dated 6.9.2002 passed by 3rd Additional District Judge, Jamshedpur in Title Appeal No.6 of 1988 affirming the judgment dated 19.2.1988 and decree dated 29.2.1988 passed by the 3rd Sub -Judge, Jamshedpur in Title Suit No. 66 of 1985/ 39 of 1986.

(2.) THE respondent -plaintiff filed this suit for declaration of his right, title and interest over the Schedule -A property and for Khas possession of the same after evicting the defendant (predecessor in interest of the appellant herein); and for declaring that the defendant is no way related with, and he is not the legal heir and successor of late Abdul Ghani; and for declaring that the decree obtained by the defendant in Title Suit No. 22 of 1977 is not binding on the plaintiff, etc.

(3.) THE defendant, inter alia, contended that the suit property never belonged to Abdul Ghani who left India, rather it belong to one Abdul Ghani @ Abdul Jena who was never a Pakistani national and was living in India in Orissa and died there in 1975 and his wife predeceased him without any issue; and that the plaintiff IS not relative of Abdul Ghani; and that he acquired title by adverse possession.