JAMEELA Vs. JAITOON

JUDGEMENT

(1.) LEARNED Counsel for both the parties are ready to argue the writ petition finally today at the admission stage.

(2.) HEARD learned Counsel for the parties and perused the record.

(3.) RELEVANT facts, giving rise to the present writ petition as emerges out from the record, in brief, according to the Petitioners, are that late Sri Hakim alias Hakim Uddin was the husband of Smt. Jaitoon, who later on married second time with the consent of his first wife with Smt. Jameela, the Petitioner No. 1. Smt. Khatoon (sic) gave birth to five daughters, namely, Smt. Khatoon, Smt. Khurshida, Smt. Naseema, Smt. Sajida and Km. Sajida (sic). Said Hakim Uddin, who died on 17 -2 -2007, possessed two houses in village Jiwangarh. In one house, the Petitioner No. 1 is residing, while in the other, Smt. Jaitoon is residing. Hakim Uddin allegedly executed a will in respect of his immovable property on 1 -12 -2006 thereby certain property was given to the Petitioner No. 1 and the rest to his first wife -Respondent Smt. Jaitoon. According to the Plaintiff -Petitioner No. 1, she came to know that on the basis of a will allegedly executed dated 16 -8 -2002, name of Smt. Jaitoon has been recorded over the entire land in revenue record left by the deceased husband and the Petitioner No. 1 also came to know that she has no rights over the immovable property of her deceased husband. The Petitioner No. 1 filed Original Suit No. 572 of 2007 for permanent injunction and also to declare the will in question to be null and void. Along with the suit, the Petitioner No. 1 filed an application for temporary injunction (Paper No. 6 -C).