HABIB AHMAD Vs. JITENDRA KUMAR AGARWAL

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned counsel for the respondent who has appeared through caveat at the admission stage.

(2.) This is defendants' second appeal arising out of O.S. No.306 of 2000 which was dismissed by Civil Judge, Senior Division, Shahjahanpur. Against the said decree plaintiff filed Civil Appeal No.25 of 2009, which was allowed by Additional District Judge, Court No.2, Shahjahanpur on 10.11.2011, decree passed by the trial court was set aside and the suit for dispossession of the defendants from eastern half part of the house in dispute admeasuring 250 square meter was decreed, hence this second appeal.

(3.) The case of the plaintiff was that Riyasatullah and Mushtaque Ali Khan who were real brothers (sons of Inayatullah) were owners in possession of a house which had become khandhar (ruins) and plaintiff purchased eastern half portion of the same from Rukshar Begum, daughter and only heir of Riyasatullah who had died through sale deed dated 14.02.1992 (the said sale deed was in favour of plaintiff and his brother however afterwards plaintiff's brother sold his share to the plaintiff on 06.01.1996.) The property belonged to Inayatullah. On his death he left behind two sons Riasatullah Khan and Mustaque Ali Khan. After death of Mushtaque Ali Khan his half share was inherited by his widow Iftekhar Bano and his son Muazzam Ali. (Half share of Inayatullah was inherited by Rukhsar Begum his daughter.) Iftekhar Bano and Muazzam Ali through registered sale deed dated 14.01.1983 sold western half portion of the entire property to defendant No.1.