KARIMUNISSA Vs. ALFUDDIN HAFIZUDDIN

JUDGEMENT

(1.) This first appeal by the plaintiff arises out of the judgment of the First Additional District Judge, Jabalpur, in Civil Suit No. 13-A of 1954, decided on 13-4-1956.

(2.) The plaintiff Karimunnisa is the widow of one Tajuddin, who died in 1942. Defendant (respondent) Alfuddin is the brother of Tajuddin. The property in suit consists of a bungalow No. 162 and two plots Nos. 720 and 721, all situate at Jabalpur. It is not disputed that Tajuddin had borrowed Rs. 2500/- from Alfuddin on 25-10-1940. Tajuddin died on 24-1-1942 and Alfuddin sued Karimunnisa as his legal representative for the recovery of the debt. During the course of this suit (Civil Suit No. 3-B of 1942) the properties in dispute were attached before judgment. The claim was decreed on 22-9-1942 against the assets of the deceased Tajuddin in the hands of Karimunnisa. On 20-11-1943, Alfuddin started execution proceedings to have the attached property sold. The sale was held on 4-9-1944 and was confirmed on 3-11-1944.

(3.) In the meanwhile, Mst. Imamunmsa, mother of Tajuddin, filed a suit against the parties before us and other heirs of Tajuddin for administration of his estate claiming partition of the residue remaining over after paying the debts. In that suit, Karimunnisa claimed the bungalow as her personal property. That suit (Civil Suit No. 18-A of 1942) was decreed. However, in the appeal, which was decided on 22-8-1945, the bungalow was excluded from partition and was given to Karimunnisa.