BOMBAY HIGH COURT - BENCH AT AURANGABAD
P.R. Borkar, J
Mohd. Ayyub s/o Abdul Khader – Appellant
Versus
Zahoora Begum d/o Abdul Gafoor – Respondent
| Table of Content |
|---|
| 1. appellant's ownership and dispute over property ownership. (Para 1 , 2 , 3) |
| 2. allegations of fraud in the sale of property. (Para 4 , 5 , 6) |
| 3. existence of pending litigation affecting claims. (Para 7) |
| 4. final dismissal of appeal due to lack of merit. (Para 8) |
ORAL JUDGMENT :
. This is the appeal preferred by the original complainant being aggrieved by the order of acquittal passed by the learned Judicial Magistrate, First Class, Kaij in S.C.C. No. 589/1990 decided on 25-06-1997 whereby the present respondent Nos. 1 to 4 were acquitted of offence punishable under Section 423 of the Indian Penal Code .
2. The present appellant who was the original complainant has filed private complaint against respondent Nos. 1 to 4 alleging that he is the owner and possessor of land Survey No. 6/U admeasuring 5 Acres 35 Gunthas at village Kaij. It is stated that the said land was initially cultivated by his father Abdul Quadar since 1948. It was Inam land of Madad Mash nature.
Under the provisions of Hyderabad Inam Abolition and Cash Grants Act of 1954, State Government became the owner of the land for the period from 20-7-55 to 1-7-60. Later on, as per Section 69(1) of the said A
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