ABDUL QADIR Vs. ASGARI BEGUM

JUDGEMENT

(1.) The two substantial questions of law involved, formulated and to be answered in this second appeal preferred by appellants/defendants state as under :

(2.) Plaintiff and defendants are brother and sisters and the dispute herein relates to the ancestral house owned and held by their mother namely Maqbool Bi, wife of Abdul Sattar, who died on 12/07/1989.

(3.) Plaintiff, being the daughter of Maqbool Bi, filed a civil suit for declaration of title and permanent injunction stating inter alia that she is entitled for 1/4th share in the suit house as it was owned and held by her mother i.e. Maqbool Bi, which was disputed by the defendants by way of filing their written statement and stating inter alia that plaintiff left the suit house even before the death of her mother - Maqbool Bi and that too without entering into marriage and sewering all her relationship with her family, therefore, she is not entitled for decree for declaration of title and permanent injunction as claimed by her.