Salim Khan Bhikkan Khan And Another vs Abdul Majid Mohmmad Umar Inamdar Died ...
2023 Latest Caselaw 12526 Bom

Bombay High Court

Salim Khan Bhikkan Khan And Another vs Abdul Majid Mohmmad Umar Inamdar Died ... on 11 December, 2023

Author: S.G. Mehare

Bench: S.G. Mehare

                                                                28 & 29.odt
                                  (1)


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                 SECOND APPEAL NO. 119 OF 2023

                AJIZKHAN MASUMKHAN AND ORS.
                           VERSUS
     ABDUL MAJID MOHMMAD UMAR INAMDAR DIED LRS. RAJIYA
                       BEGAM AND ORS

                            WITH
                  SECOND APPEAL NO. 124 OF 2023

           SALIM KHAN BHIKKAN KHAN AND ANOTHER.
                              VERSUS
     ABDUL MAJID MOHMMAD UMAR INAMDAR DIED LRS. RAJIYA
                         BEGAM AND ORS.
                                ...
               Advocate for Appellants : Mr. S.V. Natu
                                ...
                                CORAM : S.G. MEHARE, J.

DATED : DECEMBER 11, 2023

PER COURT:-

1. Heard learned counsel for the appellants.

2. The appellants are the original defendants. They have

filed the suit for recovery of the possession on the ground that they

were in permissive possession of the suit premises and their license

were revoked. The learned Court of first instance disbelieved the

entire case of the plaintiffs and dismissed the suit. The suit was also

dismissed on the ground that it was bad for non-joinder of necessary

parties. However, the First Appellate Court reversed the judgment

and passed the decree for possession. Against the said judgment,

three different defendants preferred three different appeals.

28 & 29.odt

3. Learned counsel for the appellants/original defendants

states that all the defendants had a common stand and defense. This

Court has already dealt with one appeal of one of the defendants

bearing Second Appeal No.31 of 2023 and admitted the appeal. Since

similar issues are involved, these two appeals are also liable to be

admitted.

4. The following substantial questions of law have been

formulated :

(i) Can the co-sharers maintain the suit in the absence of any legal

authority under the Mohammedan Law ?

(ii) Where the defendants gratuitous licensee in the suit premises ?

(iii) Was the license legally and validly revoked ?

(iv) Was the suit bad for non-joinder of other co-sharers ?

(v) Do the defendants had perfected their title over the suit

premises by adverse possession ?

5. Admit.

6. Issue notice to the respondents, returnable on

05.01.2024.

7. Meantime, the execution, implementation, effect and

operation of the impugned judgment and order dated 15.09.2022 of

the learned Principal District Judge, Nandurbar passed in Regular

Civil Appeal No.61 of 2014 has been stayed till the appearance of the

respondents.

28 & 29.odt

8. Tag these two appeals along with Second Appeal No.31

of 2023.

(S.G. MEHARE, J.)

Mujaheed//

Signed by: Syed Mujaheed Naseer Designation: PA To Honourable Judge Date: 11/12/2023 19:11:44