BETWEEN AFZAL ALIM Vs. ABDUL MUGHNI

JUDGEMENT

(1.) THIS second appeal was dismissed on 2. 8. 2006 for want of prosecution. Shri M. A. Qadeer, learned Counsel for the appellant has filed a restoration application on 20. 2. 2007 on the ground that by way of bona fide mistake his office had failed to mark the case in the cause list. There is no serious opposition to this application. The cause shown is sufficient. The order dated 2. 8. 2006 is recalled. The second appeal is restored to its original number and was heard.

(2.) HEARD Shri M. A. Qadeer, learned Counsel for the plaintiff-appellant and Shri B. D. Mandhyan for the defendant-respondent.

(3.) THE Original Suit No. 256 of 1970 was filed by the plaintiff Abdul Hafiz for possession of the disputed property on payment of Rs. 8000/- to the defendant based on the right of pre-emption in the Muslim Personal Law. The plaintiff alleged that the house in suit originally belonged to one Abdul Qayyum. It consists of two portions namely 'mardana' and 'janana' situate in Village Phalauda, Distt. Meerut. After the death of Abdul Qayyum the house was inherited by his four sons and one daughter. The plaintiff is one of the sons of his daughter. Shri Abdul Rashid is his brother. Abdul Rashid was sueceeded by his three sons, including Abdul Hasib, one daughter and a widow. Abdul Hasib had a share in the house in dispute. The plaintiff also holds a share in it, and was co-sharer (shafe-e-sharik) in the house.