RAMZAN Vs. GAFOORAN

JUDGEMENT

(1.) THIS is a plaintiffs appeal and it arises out of a partition suit No. 32 of 1976 filed by the present appellants claiming 2/ 3rd share in the three houses detailed in schedules A, B, and C of the plaint. The suit having been decreed with respect to the property detailed in schedules B and C and dismissed with respect to the property described in schedule A, the plaintiffs have come up in the present appeal. The defendants have not filed any appeal and, therefore, the dispute is confined to the property described in schedule A which is a house with open piece of land and a latrine.

(2.) THE suit was instituted on the pleas that one Khaira was a common ancestor of the plaintiffs and defendants No. 1, 8 and 9. After his death, the property was inherited by his widow Smt. Guriha. On the death of Smt. Guriha, the property was inherited by her two daughters and one son, namely, mst. Tazia Alias Zainab and Mst. Nuria and son Hussain. All these persons came in joint possession of the property left by Smt. Gurhia. Smt. Gurhia, according to the plaintiffs, had three houses described in schedules A, B, and C of the plaint. After the death of Husain (son), his widow Gafooran defendant No. 1 inherited the share of her husband.

(3.) THE plaintiffs are the sons of Smt. Nuria. Mst. Tazia alias Zainab had four issues out of which two issues, namely, Dadu ali alias Peer Mohd. and Chairun died is-sueless and remaining two issues, namely, mst. Mahengi and Fakir Mohd. were im-pleaded as defendants No. 8 and 9 respectively. It was further pleaded that Smt. Gafooran sold her share to one Imam Khan by means of two sale deeds and after death of Imam Khan his heirs defendants No. 2 to 7 succeeded to the property.