RAHMUNABI ALIAS RAHMUNISHA Vs. SHEIKH VAHID

JUDGEMENT

(1.) Appellant-defendant No. 2, being aggrieved by the judgment and decree dated 1.2.1999 passed in Civil Suit No. 54-A/1995 by Second Additional District Judge to the Court of District Judge, Khandwa, has preferred this appeal under section 96 of the Code of Civil Procedure.

(2.) It is undisputed that the cross objection filed by respondent Sheikh Vahid, who died on 1.3.2002, was dismissed on 24.6.2002. It is also undisputed that respondents No. 2, 3 and 5 are the real brothers. Appellant Mst. Rahmunabi @ Rahmunisha is the wife of respondent No. 2 Mohd. Tofiq, respondent No. 6, Mst. Hajrabi is the wife of Mohd. Haneef.

(3.) Case of respondent No. 1-plaintiff, Sheikh Vahid, was that the disputed property is an ancestral property. Same was purchased by Sheikh Ahmed, father of respondent No. 1-plaintiff on 21.3.1944 by registered sale-deed and thereafter he constructed the house on it and living there.