SAIRA MOHD ISHAQ Vs. NMARIYAM SATTAR

JUDGEMENT

(1.) This Second Appeal has been filed by the plaintiff for setting aside the judgment and decree passed by the learned 1st Additional District Judge, Jhansi by which the Civil Appeal has been partly allowed and the judgment and decree of the Trial Court has been modified.

(2.) The plaintiff had filed the suit for partition of her 28/32 share in the disputed house alleging that Smt. Mariyam who was the exclusive owner of the house sold it to Sri Ved Prakash by a registered sale deed dated 1st March, 1950 and subsequently Sri Ved Prakash sold the house to the plaintiff Smt. Saira by a sale deed dated 24th May, 1971. The plaintiff afterwards came to know that the defendant Smt. Sakina had 4/32 share in the house by virtue of a decree passed in Suit No. 75 of 1960 and, therefore, she claimed partition of the house for her 28/32 share and for possession over that share.

(3.) The case set up by the defendant was that the house belonged to her father Rasool Khan who after his death left his widow Smt. Jumra and after her death the property was inherited by Smt. Mariyam and her other sisters and three brothers. It was, therefore, stated that Smt. Mariyam had no right to sell the whole house to Ved Prakash and in fact the defendant was in possession of the whole house. It was also stated that in case the share of the plaintiff was partitioned, the defendant be allowed to purchase that share on payment of Rs. 1500/- or the price fixed by the Court because it was a residential house.