ABDUL GHAFOOR Vs. LALA KUNJ BEHARI LAL

JUDGEMENT

(1.) This is defendant's appeal arising out of a suit for partition which was instituted as along ago as the 1st of April, 1940. The plaintiff in the action was one Kundan Lal. He died during the pendency or the suit and is represented by his son Kunj Behari Lal and widow Srimati Dallo. The defendants to the action were four in number. Haji Faqir Bux, son of Haji Khund Bux, two sons of Haji Faqir Bux, Abdui Ghafoor and Sheikh Abdulla were defendants 1 to 3. Haji Faqir Bux died during the pendency of the litigation and his two sons who are appellants in this appeal are his representatives. These three defendants constituted one set of defendants. The fourth defendant was Srimati Kallo who also died during the pendency of this litigation and is now represented by her grandson Hamidwllah, The property, of which partition was sought, consists of a big ahata situated in mohalla Rahimganj in the City of Lucknow. It consists of shops and residential houses.

(2.) The property was originally owned by Begam Mumtaz Mahal wife of Nawab Ghaziuddin Hyder. In 1874, she gifted this property to her sister-in-law, Srimati Mulko. In 1885, Srimati Mulko sold it to Babu Rahim Bux who was a benamidar for his father Babu Khuda Bux. (This gentleman Babu Khuda Bux is to be distinguished from Haji Khuda Bux, father of Haji Faqir Bux). Babu Khuda Bux died in 1895 and he was succeeded by three sons, Rahim Bux, Karim Bux and Nabi Bux, ten daughters and a widow. Seven of these ten daughters relinquished their shares in 1903 in favour of their brothers and mother. In 1904, the three sons, the remaining three daughters and their mother mortgaged with possession the entire estate in favour of the Maharaj of Balrampur by means of a deed dated the 12th of February, 1904. The Balrampur Estate then remained in possession from 1904 to 1921. In 1919, the Maharaja of Balrampur brought a suit upon his mortgage and obtained a preliminary decree for sale. In 1920, Rahim Bux and his two brothers, not being able to pay off the mortgage decree, sold the equity of redemption to one Murlidhar. Murlidhar redeemed the mortgage and paid off the amount due under the preliminary decree to the Maharaja of Balrampur in 1921. Faqir Bux, original defendant No. 1 acquired a share in the equity of redemption from the three daughters and the widow of Babu Khuda Bux and then brought a suit for redemption of his share against Murlidhar, and ultimately, by paying off the amount due upon his share to Murlidhar, became a co-sharer in the property to the extent of 3 annas, 10 pies and 9 kirants. This was in the year 1922. By different deeds of transfer Murlidhar's share went to Srimati Kallo, original defendant No. 4 and to Kundan Lal, predecessor-in-interest of the plaintiffs, Kunj Behari Lal and Srimati Dallo who have brought the present suit for separation of their share by partition of the property.

(3.) There was a dispute between the parties as to their respective shares in the property which has now been finally settled. The plaintiffs have been found to be entitled to a 4 annas and odd share. Kallo's heir, Hamidullah, had been found to be entitled to an eight annas share and Abdul Ghafoor and Sheikh Abdullah appellants to 3 annas, 10 pies and 9 kirant share.