SYED SIRAJ Vs. CHAND PASHA; NOORPASHA; JANAYPASHA; ASLAM PASHA AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the defendant in the suit. It was the case of the plaintiffs that Plaintiffs nos.1 to 4 were the sons of Mehaboob Shariff and Fatimabi. The property described in the schedule to the suit was said to be the property of Shariff. The plaintiffs claimed to be living in the said property. The sisters of the plaintiffs are said to have been married and were living in their respective matrimonial homes.

(2.) Mehaboob Shariff is said to have executed a registered deed in favour of his wife, dated 6.2.1975, conveying the suit property as Mahr. Fatima bi, the mother of the plaintiffs is said to have died on 26.7.1984. It was claimed that the plaintiffs had continued in occupation even as on the date of the death of their mother.

(3.) The learned counsel for the defendant appellant would seek to draw attention to the glaring circumstances which the court below had overlooked in proceeding to find in favour of the plaintiffs. It is pointed out that the consolidated income of all the earning members of the family of the plaintiffs was just sufficient for their day to day needs. And hence the conclusion that there was no necessity for the mother of the plaintiffs to have sold the property in question, as the plaintiffs were earning well, is ill founded.