ABDUL HASAN Vs. 1ST ADDL. DIST. JUDGE

JUDGEMENT

(1.) Heard Sri Shailesh Kumar Srivastava, learned counsel for the petitioner as well as Sri Sanjay Kumar Srivastava, learned counsel appearing for the respondents.

(2.) The petitioner by means of the present writ petition has challenge order dtd. 26/2/2019 passed by the 1st Additional District Judge Pratapgarh in Civil Revision No. 60 of 2015 (Abdul Hasan and others versus Shrimati Shobha Rani) as well as the order dtd. 31/07/2015 passed by the Additional Civil Judge (Junior Division) Pratapgarh in Execution Suit No. 23 of 1980 (Bismilla Begam versus the Ramraj Kunwari)

(3.) The brief facts of the case are that Raja Jagat Ranvir Bahadur Singh, a Taluqdar of Kaithola Estate, was the owner of the disputed property and had adopted Raja Jagat Ranvir Mahesh Prasad Singh by means of an adoption deed. He further executed will on 27/12/1945 in favour of Raja Jagat Ranvir Mahesh Prasad Singh and gave all his property to him. He executed a deed dtd. 29/5/1935 in favour of his wife Rani Dharam Raj Kuer respondent No. 9 in respect of this house and some other property. It has been submitted that under this deed Rani Dharam Raj Kuer was granted a heritable but non-transferable lease so far as the house in dispute is concerned and as such under the terms of this grant she could only remain in possession of the house but could not make any temporary or permanent transfer thereof. The Raja died on 9/9/1949. Hence both as an adopted son and as a legatee he was owner of the interest reserved by the Raja in the said house under the deed dtd. 29/5/1935. Smt. Bimlawati Kumari Devi was the daughter of Raja and had claimed the property through Rani Dharam Raj Kuer by inheritance. The said property was sold by Rani Dharam Raj Kuer by a registered sale deed in favour of Abdul Rahman 05/01/1960.