MUST SHAHABIA BEGUM Vs. MUST PUNKAJ BEGUM

JUDGEMENT

(1.) This judgment will dispose of two Execution Second Appeals; ESA 9 of 1972, filed by Shahabia Begum, and ESA 10 of 1972, filed by Sharfuddin. The appeals are directed against two separate judgments both dated April 12, 1972 of the learned Additional District Judge, Delhi, dismissing their first appeals against the orders of the execution Court dismissing their respective objections to the sale of certain property in favour of Pukhraj Begum and to the delivery of its possession to her.

(2.) Shahabia Begum, appellant in ESA 9 of 1972, herein called the appellant', is the widow of Wahabuddin who died on June 26, 1961 leaving behind him, the appellant his son, Sharfuddin, respondent No. 6 in ESA 9 of 1972 and appellant in ESA 10 of 1972, Pukhraj Begum, widow of his pre-deceased son, who is respondent No. 1 in both the appeals, and her children, respondents Nos. 2 to 5 in both the appeals. On June 25, 1968, Pukhraj Begum and her children, respondents Nos. 1 to 5, and Shahabia Begum, the appellant, as plaintiffs Nos. 1 to 6, filed a suit for partition of a house, against Sharfuddin, On May 18, 1970, a preliminary decree for partition was passed declaring the shares of the parties as follows: Shahabia Begum-2/ 16th; Sarf-ud-din-7/16th; and respondents Nos. 1 to 5 7/16th. A local commissioner was appointed to effect partition, who reported that the property was not partible. No objections having been filed, the report was accepted on July 16, 1970, and the property was held to be impartible. On July 17, 1970, an order for final decree for partition was passed holding the property to be impartible and directing that it should be auctioned and the sale proceeds be divided amongst the parties according to their shares as fixed above. Costs were also awarded in favour of the plaintiffs against the defendant. On the same day, a decree sheet on a plain paper in the prescribed form was prepared and signed.

(3.) The decree-holders filed the first execution application on July 22, 1970 for sale of the property. Permission was also sought by Pukhraj Begum to bid at the auction, which was granted. The auction took place on September 8, 1970 and the property was sold for Rs. 8000.00 in favour of Pukhraj Begum. She was permitted to deposit in Court the shares of me judgement-debtor and others, which she did. On November 20, 1970 objections to the sale were filed, but were dismissed. The sale was confirmed and sale certificate was duly Issued.