MEHRAJBEE (DEAD) BY LRS Vs. JAMILABEE

JUDGEMENT

(1.) The appellant (s) filed a suit for declaration and permanent injunction. The suit property is a building, on which the first and the second floors were built later. The appellant/plaintiff Mehrajbee approached the civil Court by filing the said suit due to an apprehension that the defendant may sell the house. It is relevant to submit that the first defendant in the suit is Ahmad Hussain, who is the husband of the appellant/plaintiff Mehrajbee and the second defendant was Jamilabee, the present respondent, who claimed to be the daughter of Ayesha Bi, who is the second wife of the first defendant - Ahmad Hussain.

(2.) By a judgment dated 24.12.1999, the suit was dismissed. The judgment and decree of the trial Court was affirmed by the first appellate Court and the High Court. By an order dated 11.10.2004, the special leave petition filed by the appellant was dismissed. A review petition was filed by the appellant, which was allowed on 20.04.2007. The order dismissing the special leave petition was set aside. Leave was granted and status quo, as it existed on 20.04.2007, was directed to be maintained. The review was allowed on the basis of a judgment in civil Suit No.110/2003D filed by Ayesha Bi and Jamilabee for declaration and permanent injunction regarding House No.207. By a judgment dated 12.05.2004, the IVth Civil Judge, M.F.C., Ujjain, M.P. dismissed the suit. The said judgment had become final as no appeal was filed. A finding was recorded by the Civil Judge in the judgment dated 12.05.2004 that Ayesha Bi did not prove her title and was not entitled for possession and permanent injunction sought for. It was also found in the said judgment that Jamilabee had not proved that she was the daughter of Ahmad Hussain. These findings have become final as no appeal is filed.

(3.) In view of the findings recorded in Civil Suit No.110A/2003D, dated 12.05.2004, we are of the opinion that the judgment of the High Court in Second Appeal No.591/2003 is liable to be set aside. The appeal is accordingly allowed.