SAFI KHAN Vs. IBRAHIM KHAN

JUDGEMENT

(1.) THIS is an appeal against the order of learned Additional District judge No. 1. Jodhpur dated 12/7/2007 granting temporary injunction in favour of plaintiff respondents Ibrahim Khan and Anwar Khan.

(2.) BRIEF facts necessary for present purpose are that appellant defendant Safi Khan, respondent defendant Ratan Khan, Jakir, adil and respondent plaintiffs Ibrahim Khan and Anwar Khan are descendants of Late shri Rehmat Khan and his wife Smt. Amna. The pedigree of the family is : <IMG>np_87_air(RAJ)_2008.jpg</IMG>

(3.) PLAINTIFFS Ibrahim Khan and Anwar khan preferred a suit for partition and injunction and so also preferred an application seeking temporary injunction. As per the averments contained in the application, late Shri Rehmat Khan and Smt. Amna were having immovable property i. e. plot No. 162, (LIG), Kamla Nehru Nagar Scheme, Jodhpur with the measurements 120' x 80'. The plot aforesaid was purchased by Rehmat khan from Urban Improvement Trust, Jodhpur and to get the sale registered he submitted an application along with typed proposed sale deed on a non-judicial stamp having value of Rs. 51/ -. After death of Shri rehmat Khan on 13-7-1973 a patta of the plot aforesaid was issued by Urban Improvement trust, Jodhpur on 4-1-1978 in favour of Smt. Amna.