NAFEES KHAN Vs. MUNNE BABU AND ANOTHER

JUDGEMENT

(1.) This is a second appeal by the plaintiff under Sec. 100 of the Code of Civil Procedure.

(2.) The plaintiff-appellant has filed a suit, being Original Suit No. 57 of 2002, for permanent injunction for restraining the defendants from interfering in his possession over the disputed property. The plaintiff's case was that the disputed property was purchased by him by a registered sale-deed dated 06th Jan., 1976 and he started raising construction but due to paucity of fund, he could not complete the construction. The suit was contested by the defendants, whose stand in the written statement was that Mirza Azam Beg, who had executed the sale-deed in favour of the plaintiff, was not owner of the property and the property was used as Imambara and the plaintiff was not in possession of the land. The land is belonging to Waqf and is used by the public.

(3.) The trial Court dismissed the suit of the plaintiff on 31s March, 2012. Aggrieved by the judgment and decree of the trial Court, the plaintiff preferred an appeal, which was allowed by the lower appellate Court on 17th Oct., 2012 and the matter was remanded to the trial Court to record a finding with respect to the claim of the plaintiff afresh in the light of the directions given therein.