MARIYAM BIBI Vs. KUTUBUDDIN

JUDGEMENT

(1.) This second appeal preferred by the appellant/plaintiff was admitted for hearing on the following two substantial questions of law :-

(2.) The parties are Mohammedans. The suit property was originally held by Rojid Miya. Plaintiff is the daughter of Rojid Miya and defendant No. 1 is son of Rojid Miya and defendant No. 3 is their mother and widow of Rojid Miya.

(3.) Plaintiff filed a suit for declaration of title, partition and mesne profit against the defendants stating inter alia that the suit property was the self-acquired property of her father Rojid Miya, therefore, she has right, title and interest over the said suit property for which she filed an application before the Revenue Court for mutation but that was rejected and appeal preferred was also dismissed on the ground that she has already relinquished her share in the suit property as she has received 12 acres of land from her father by gift deed dated 16/09/1974 which she has already accepted and as such, she is entitled for decree for partition and possession.