B.AMIT STHALEKAR,J. - (1.) This is the defendants' second appeal.
(2.) The plaintiff filed a suit for mandatory injunction restraining the defendants from interfering in the suit property marked in the plaint in Red Colour in words B,C,J,K,L,M,N and to deliver peaceful possession of the said property to the plaintiff.
(3.) The claim of the plaintiff was that the owner of the suit property was one Mohd. Yasin son of Munir Khan. After the death of Mohd. Yasin his wife Noor Jahan Begum (appellant no.1), his 2 sons Yamin, Raees Khan and his 3 daughters Chand Bibi, Shazia Begum, Shahida Begum became the joint owners of this property. There was a family partition and thereafter each person started living in his/her own section of the property. Out of the total property Yasin Khan was the owner of half of the property. He came into possession of the Western part of the property through a family partition between Suleman Khan, Abdul Saqoor Khan, Rashid Khan, Likko Begum, Kallo Begum and Raffo Begum. Thus, Mohd. Yasin became the sole owner and possessor of the said property. After his death his wife, 2 sons and 3 daughters became the joint owners of the property and among them there was a family partition. The Western half portion of this property came into joint possession of Raees Khan, Chand Bibi and Rashida Begum and the Eastern half portion of the property came into the joint possession of Yamin Khan, Shahida Begum and Noor Jahan Begum. After the family partition Raees Khan, Chand Bibi and Rashida Begum sold their Western half portion to the plaintiff Noor Mohammad through a registered deed dated 11.04.2002 and the plaintiff also came into possession of the said property. The Eastern half portion of Smt. Shahida was sold by her to the plaintiff through a registered sale deed dated 01.06.2005 and Yamin also sold his share of the Eastern half portion of the property to Noor Mohammad (plaintiff) through a registered sale deed dated 05.02.2003. Only Noor Jahan (defendant no.1) declined to sell her share of the property. The property in question demarcated by the alphabets J,K,L,M was purchased by the plaintiff from one Fakkruddin and Anwar son of Kallu through a registered sale deed dated 26.06.2006 and thus the plaintiff is the owner of the said property demarcated by the alphabets J,K,L,M. It was alleged that the defendants with the ill intention of grabbing the said property described in the plaint as B,C,J,K,L,M,N has unauthorisedly occupied the said property even though the owner and titleholder of the property is the plaintiff.;