NISAR AHMAD Vs. NAJMA SYED

JUDGEMENT

(1.) THIS second appeal arises out of a suit filed by the deceased respondent No.1 against the present appellants and respondent no.2 for possession of the house in question.

(2.) THE suit was filed with the allegations that one Gulam Ali was the owner of the disputed house which is situated at Mohalla Hamamwali Gali, Chowk, Lucknow. There is no dispute with regard to the fact that Gulam Ali died in the year 1965 leaving behind the original defendant No.1 Puttu as his maternal uncle and his widow Smt. Hasina. According to the Muslim Law of Inheritance, Puttu got 3/4th share while Smt. Hasina got 1/3rd share. Smt. Hasina also died on 18.11.1968, but prior to her death, she executed a Will dated 13.11.1968 in favour of the appellants. The dispute arose when Puttu, the original defendant no.1 transferred his 3/4th share in the house in question to the deceased respondent no.1 by means of registered sale -deed dated 16.06.1969. Rashid Ali respondent No.2 also transferred his 1/4th share to the original plaintiff by another sale -deed dated 10.07.1969. On the basis of the aforesaid two sale -deeds, the deceased respondent no.1 claimed ownership of the entire house. According to the allegations made in the plaint, the present appellants and the respondent no.3 Cheddu were in unauthorized occupation of the house and as such a decree for possession was prayed for against them.

(3.) THE original defendant no.2 Rashid Ali filed his written statement admitting that he transferred his 1/4th share to the deceased respondent no.1, who was occupying a portion of the house in question. The deceased Puttu and Cheddu filed their joint written statement admitting that Puttu transferred his 3/4th share to the deceased respondent no.1 by a sale -deed dated 16.06.1969. In respect of Cheddu, it was stated by him that he was living in the house. However, he submitted that Cheddu had already been asked to vacate the house.