PUNIYABI LATE VILAYAT ALIKHAN Vs. SUGRABI

JUDGEMENT

(1.) THE unsuccessful plaintiff who has lost from both the courts below has filed this second appeal.

(2.) THE original plaintiff Mst. Puniyabi alleging herself to be the widow of nawab Vilayat Ali Khan has filed the present civil suit for declaration and permanent injunction. The said Mst. Puniyabi died during the pendency of the suit and present appellant Rehan Mohammad Khan has been brought on record as her legal representative. The suit is for declaration and permanent injunction in respect to certain property, the details of which has been mentioned in the plaint, is the subject matter of the suit. The entire case of plaintiff rests upon the pleading that she is the widow of Nawab Vilayat Ali Khan. Undisputedly the suit property is of Nawab Vilayat Ali Khan. Being her wife the plaintiff is claiming her right, title and interest in the suit property as Nawab Vilayat Khan had died.

(3.) THE defendants filed their written statement and denied the plaint averments. Specific pleading of defendants in their written statement is that the plaintiff is not the widow of Nawab Vilayat Ali Khan. According to the defendants, Mst. Sugrabi (defendant No. 1) is the legally married wife of Nawab vilayat Ali Khan and after his death on 27-11-1960 she (defendant No. 1)became the absolute owner being the only heir of deceased Nawab Vilayat Ali khan and is possessing the suit property exclusively. Certain persons whose names are referred in para 1 of the written statement, earlier took illegal possession of the suit property from defendant No. 1 and, therefore, she had to file a civil suit No. 58-A/67 before Second Civil Judge, Class-II for restoration of possession and since the suit was dismissed, an appeal was filed by her (Civil appeal No. 50-A/68) which was allowed by District Judge, Chhindwara on 29-6-1969 in her favour. The judgment and decree of District Judge Chhindwara was assailed by Tausif Ali and others by filing second appeal before this Court (S. A. No. 656/69) but it was dismissed on 7-12-1976 and the judgment and decree passed by the learned District Judge, Chhindwara was upheld. The review which was filed by Tausif Ali and others (M. C. C. No. 610/78) was also dismissed by this Court on 14-11-1980. In execution, the present defendant No. 1 obtained possession of the suit property and since then she is possessing the suit property continuously and peacefully.