BILKIS FATIMA Vs. JIYAUR RAHMAN

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dated 28-02-2007 passed by the Xth Additional District Judge, Raipur in Civil Suit No.11-A/2005, by which, suit filed by the plaintiff has been dismissed.

(2.) The appellant-plaintiff filed a suit seeking relief of partition and separate possession on the pleadings, inter alia, that the plaintiff and the defendants are descendants of Kulsum Bee, who married with Sheikh Hussain and after his death, married with his younger brother-Sheikh Amir. It was pleaded that from the wedlock of Sheikh Hussain and Kulsum Bee, Sheikh Ahmed was born and out of the wedlock of Kulsum Bee and Sheikh Amir, Sheikh Ayub was born. As also, out of the wedlock of Sheikh Ayub, defendant No.11-Altaf-ur-Rehman was born. It was also pleaded that from the wedlock of Sheikh Ahmed and Hazra Begum, 7 sons (defendants No.1 to 9) and three daughters including defendants No.8 & 9 and the plaintiff were born.

(3.) The plaintiff's case was that out of two houses, which are being subject matter of suit, one of them was purchased by Kulsum Bee and another house was jointly purchased by Sheikh Ahmed and Sheikh Ayub. The plaintiff's case was that defendant No.11-Altaf-ur-Rehman, Son of Sheikh Ayub had gifted his share in the joint property in favour of the plaintiff-Bilkis Fatima and memorandum of this gift (Ex.P-1) was prepared in the presence of witnesses on 28-02-1997. On the basis of this gift deed, the plaintiff claimed partition to receive not only her share, to which, she would have been entitled, upon partition of two houses in dispute, but also the share, which devolved upon Altaf-ur Rehman, defendant No.11.