MOHANNAD AHMAH Vs. AKBARI BEGUM

JUDGEMENT

(1.) BEING aggrieved by the judgment-decree dated 13-8-96, passed by District Judge, Jabalpur in C. A. No. 26-A/95, reversing the judgment-decree dated 6-9-95, passed by III Civil Judge Class I, Jabalpur in C. S. No. 253-A/94, plaintiff/appellants have preferred this appeal under Section 100, CPC.

(2.) THE appeal was admitted on the following substantial question of law:-"whether the defendant was estopped from challenging the validity of Mehernama dated 12-9-1949 on the principle of estoppel ?"

(3.) PLAINTIFF/appellants instituted C. S. No. 253-A/94 in the Court of iii Civil Judge Class I, Jabalpur seeking relief of possession and recovery of mesne profit in respect of the suit house No. 244, Block No. 23, Nalband mohalla, South Miloniganj, Jabalpur, fully described in Para 1 of the plaint against Late Shekh Mohammad son of Mohd. Yakub. On his death, name of defendant/respondent Akbari Begum was substituted. It was stated that Late jabunissa was wife of Late Mohd. Yakub Khan, who was owner of the suit house. The suit house was given to Jabunissa by Mohd. Yakub in Meher on 24-11-47. Thereafter on 12-9-49, a document acknowledging the fact of giving suit house in Meher was executed. Vide registered sale-deed dated 16-6-82, late Jabunissa sold the suit house to the plaintiff/appellants. Late Shekh mohd. was living in one part of the suit house. The suit was resisted by the defendant/respondent on the ground that Late Mohd. Yakub never gave the suit house to his wife Late Jabunissa in Meher on 24-11-47 and 12-9-49. Late mohd. Yakub was the owner of the suit house and Late Jabunissa was entitled to inherit only to the extent 1/8 share in the suit house. Custodian of evacuee property, declared the suit house as evacuee property of Late Mohd. Yakub. M. P. No. 52/54 was therefore, filed by him in High Court of Judicature at nagpur. This petition was allowed vide order dated 17-9-54, declaring Late mohd. Yakub to be the owner of the suit house. Name of Late Mohd. Yakub was remained mutated in the corporation record.