ABDUL RASHID Vs. SAJIDA

JUDGEMENT

(1.) The appellants/defendants have filed the instant appeal under Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as"CPC") challenging the judgment and decree dtd. 17/03/2010 passed by the First Additional District Judge, Vidisha (M.P.) in Civil Suit No.27- A/2007.

(2.) The facts which are not disputed between the parties are that property described in para 4 of the plaint (hereinafter referred to as "suit property") initially belonged to one Abdul Rajak. The plaintiff/defendant Nos.1, 2, 4, 5 & 6 are the children of the said Abdul Razak while defendant No.3 was the widow of Abdul Razak. Defendant No.7 is the brother of Late Abdul Razak.

(3.) The plaintiff had filed the present suit for partition, separate possession and permanent injunction claiming her share in the property of her father. Except defendants No.1 and 2, other defendants were ex-parte before the trial Court. Defendants No.1 and 2 denied the plaintiffs claim inter alia on the ground that their father had given the house in question to their mother i.e. defendant No.3 by way of Mehr vide deed dtd. 10/03/1994 (Ex.D/1). It is further pleaded by the defendants that defendant No.3 had gifted the suit property to defendant No.1 and 2 vide gift deed dtd. 15/05/2005 (Ex.D/2). Defendants have further pleaded that the plaintiff, having married against the wish of the father and left the father's house long before, she was divested of her share in the property by Late Abdul Razak. With these pleadings, defendants prayed for dismissal of the suit.