FATIMA BI ALI KAZI Vs. M A RASHID

JUDGEMENT

(1.) Heard learned Counsel for the appellant and learned Counsel for respondents no. 1, 3 and 4. None for respondent no. 2.

(2.) Learned Counsel for the appellant submits that both the Courts below have committed a serious error of law by examining the case of the appellant/plaintiff from a different perspective. He submits that it was never the case of the appellant that the appellant had entered into a contract with the original owner, M/s Zuari Real Estate Company Pvt. Ltd. for purchase of the suit-plot. He has submitted that it was the case of the appellant/plaintiff that she had made an agreement with respondent no. 1/defendant no. 1 who represented to her that he was developing the property of which suit-plot was the part after having entered into an agreement for purchase of the property with the owner and that he had right and authority to transfer the suit-plot and, therefore, the appellant made payment of price of the suit-plot to respondent no. 1. He also submits that payment was accepted by respondent no. 2 acting as the Manager of the original owner who issued a receipt, acknowledging the receipt of money. He further submits that it was also the case of the appellant that thereafter the appellant was in possession of the suit-plot.

(3.) The learned Counsel has further submitted that the trial court, on the basis of the evidence of both the parties, held that the appellant could not be said to be the lawful owner of the suit property, though it held that she was in physical possession of the suit-plot. He further submits that the first appellate Court wrongly held that the appellant was not entitled to protection in terms of Section 53-A of Transfer of Property Act. The learned Counsel has further submitted that the learned District Judge-1 examined the case from another angle and wrongly held that the appellant/plaintiff failed to prove her ownership in respect of plot No. 12 (suitplot) and dismissed the appeal.