KARIMUNNISA D Vs. ABDUL ALIM

JUDGEMENT

(1.) Appeal has been filed against the judgment and decree dated 7.8.1976, passed by Sri Kishen Lal, the then VII Addl. District Judge, Allahabad in Civil Appeal No. 505 of 1973, Abdul Alim v. Mst. Karimunnisa and Ors., arising out of original suit No. 773 of 1970 decided by Sri Achal Bihari Srivastava, the then IV Temporary Civil and Sessions Judge, Allahabad on 11.9.1973.

(2.) Brief facts of the case is that Original Suit No. 773 of 1970 (Munsif West) Allahabad, was "filed by Abdul Alim for ejectment of the defendant from the upper portion of the house in suit and for closure of the door in the southern wall of the house and recovery of Rs. 200 as damages. The case of the plaintiff is that old house No. 193 (new No. 274/193) Pura Manohar Das, Akbarpur, Allahabad, belonged to Sheikh Mahngoo. On the death of Sheikh Mahngoo a family partition took place on 24.3.1949 between the heirs of Sheikh Mahngoo. The house in dispute was given to his wife Smt. Azimunnisa Bibi and daughter Smt. Saliman. Smt. Azimunnisa by a sale deed dated 29.4.1946 registered on 3.8.1946 transferred her share to Jamaluddin for a sum of Rs. 350. By registered sale deed dated 23.9.1946 Smt. Saliman sold her entire share in favour of Rahim Bux son of Sheikh Mahngoo for a sum of Rs. 400. Smt. Karimunnisa is the wife of Rahim Bux. The share of Jamaluddin which was purchased from Smt. Azimunnisa devolved upon Smt. Ahmadunnisa and her three sons and two daughters. Smt. Ahmadunnisa alone transferred the entire house including disputed portion by means of registered sale deed dated 20.10.1957 in favour of Abdul Alim (present plaintiff) for a sum of Rs. 500 on her behalf and on behalf of other minor heirs.

(3.) Appellant Smt. Karimunnisa has filed Original Suit No. 239 of 1954 on 1.11.1954 against Ahmadunnisa wife of Jamaluddin and others for their eviction on the ground of relationship of landlord and tenant. In the said suit, it was alleged by appellant Smt. Karimunnisa that she along with defendant Nos. 8 to 13 of that suit, being her sons and daughters are owner of half share of the southern side of the upper portion of old house No. 193 and that defendant No. 1 Smt. Ahmadunnisa and others defendant Nos. 2 to 7 are tenants at the rate of Rs. 10 per month. It was alleged that southern half portion of the house No. 193 was transferred by registered sale deed dated 23.9.1946 in favour of Rahim Bux, husband of appellant Smt. Karimunnisa by Smt. Saliman Bibi. The relief sought for in the suit was for eviction and possession.