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ABHAY M.NAIK
KALLU KHAN (DECEASED) THROUGH L. RS. BASIRAN BI – Appellant
Versus
ABDUL AZIZ (DR. ) – Respondent


Advocates Appeared:
Virendra Verma, for the Appellant; A.B. Khan, for the Respondent

JUDGMENT

Abhay M. Naik, J.

Plaintiffs/respondents No. 1 to 3 instituted a suit for declaration and restoration of possession against Kallu Khan (Predecessor of the present appellants) with the allegations that they are the sons of late Rahim Bux. Karim Bux alias Chhingu, the father of Rahim Bux, had two wives. One of them was Neema Bai, who was from a poor 'Kori' family and was converted to Muslim. Rahim Bux was engaged in the business of Bidi manufacture. He was also engaged in the purchase and sale of plots and houses. Two plots bearing Nos. 3268 and 3266 situated at Damoh were purchased by Karim Bux vide registered sale deed in the name of Neema Bai in the year 1943. The plots were purchased in her name as 'Benami' and Karim Bux continued to be their true owner. A house was constructed on a portion of the plots. After the death of Karim Bux, in the year 1946, the suit property was inherited by Rahim Bux, who died on 13-7-1980. Consequently, the plaintiffs/respondents No. 1 to 3 being the sons of Rahim Bux, inherited the suit property and have been continuing in its possession. Their names have also been entered into the record of the Municipal Council. The defendant occupied the s











































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