MUNNE KHAN AND ORS. Vs. ISHHAQ AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties. During argument it appeared that the matter may be decided on merits on the basis of admitted facts. Therefore, it is accordingly decided.

(2.) It is admitted fact that Inamatullah was owner of the disputed house. After his death, Inamatullah left behind his widow Nisar Begum and two daughters namely Munno Begam and Jummo Begum. After his death his widow Nisar Begum has executed sale-deed dated 18.6.1999 of whole of the property of her husband Inamatullah in favour of sons of Munno Begam (Defendants no. 3 to 6). Then husband, sons and daughters of Jummo Begum (plaintiffs of original suit) had filed original suit for cancellation of sale-deed dated 18.6.1999 executed by Nisar Begum in favour of defendants no. 3 to 6.

(3.) In Original Suit No. 535/2007, case of the plaintiff was that Nisar Begum had no right to execute the sale-deed of whole of the property and her two daughters are also co-sharer of the disputed property. Therefore, the sale-deed executed by Nisar Begum is liable to be cancelled. The plaintiffs had also pleaded that Inamatullah had executed an oral gift (Hiba zubani) on 25.12.1981 of disputed property in favour of his two daughters. Therefore, after death of Inamatullah, her two daughters, Munno Begum and Jummo Begum became owner of equal shares of the disputed house and Nisar Begum had no right to execute sale-deed of this property.