Mohammad Sher Khan vs Bharat Indu - 1927 Supreme(All) 29

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1927 Supreme(All) 29

ASHWORTH
Mohammad Sher Khan – Appellant
Versus
Bharat Indu – Respondent

JUDGMENT

Ashworth, J. - This second appeal arises out of a suit brought by the plaintiff-respondents. They sued for possession of a certain site in the abadi. The abadi is the unpartitioned property of the plaintiffs and defendants 1 to 3. Some years ago, 'defendants 1 to 3, who along with one Afzal-un-nissa Begum were at the time in sole possession and occupation of the land, built two shops on it. The plaintiffs brought a suit for recovery of joint possession on the ground that the building by their co-owners was unlawful. Their suit was dismissed by the trial Court. On appeal, however, they obtained a decree against defendant 1, 2 and 3, but failed to join as respondent Afzal-un-nisa Begum. The consequence was that they never succeeded in executing the decree.

2. In the present suit their failure to execute that decree was pleaded as somehow barring the plaintiffs from bringing the present suit. The trial Court allowed this objection. The lower appellate Court has rejected it and given the plaintiffs a decree for joint possession. The present suit is based on the fact that the defendants 1 to 3 have transferred the site along with the buildings to defendant 4, a stranger. Their pl

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