MAHANAND (DEAD) Vs. SAKIRA BEGUM

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in the plaintiffs' second appeal is as under: -

(2.) The plaintiffs herein brought an action for declaration of their title and possession over the suit property stating inter alia that the suit property is the property of Hindu Undivided Family and the defendants have not acquired title by sale deed dated 18-10-1993 and further sought declaration that the order passed by the Municipal Corporation on 5-12-1994 is null and void and also claimed for permanent injunction against the defendants. It is appropriate to mention here that civil suit was filed by original plaintiff Smt. Lalhi Bai who died on 12-9-2000 during the pendency of suit and her legal representatives namely Mahanand, Smt. Dashmat Bai and Smt. Sakun Bai were substituted as plaintiffs. It was also pleaded that sale deed was executed by Sahdev on 18- 10-1993 and he has not conferred any title to defendant No.1 Smt. Sakira Begum, as such, alienation and subsequent mutation has not conferred any title to defendant No.1 Smt. Sakira Begum and therefore the suit be decreed accordingly.

(3.) The defendants husband & wife, both filed their joint written statement stating inter alia that the suit property was originally held by Johan and after death of Johan, the property was partitioned between his two sons Mahanand & Sahdev in the year 1971-72 and the suit property was given to Sahdev in family partition, and defendant No.1 is a purchaser from Sahdev for a valid consideration and title has been passed in her favour, as such, the suit deserves to be dismissed.