AJAZULLAH & OTHERS Vs. ABRAR HUSSAIN

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree passed by the learned Ad hoc Additional District Judge (FTC), Rourkela in Title Appeal No. 27 /39 of 2001-2002.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) The plaintiff's case is that he is a Muslim having faith on Islam governed under the Muslim personal law applicable to the Sunnis of Hanfi-Sect of Islam. One Atta Hussain is the original owner of the suit land and he had constructed a house over the same. It is stated that Mahammed Bibi is the only wife of said Atta Hussain. They died leaving behind their son Altaf Hussain and daughter Kissmattunnissa. That daughter Kissmattunnissa married to one Faizanullah. The plaintiff claim to have been born out of the said wedlock. It is further stated that Altaf Hussain had married Jainab Bibi. Altaf died in the year 1962, whereas Jainab Bibi 30 years thereafter in the year 1992. They had no issue. So, upon death of Atta Hussain, his entire estate devolved upon his son Altaf and daughter Kissmattunnissa. When Altaf died, his estate came to be devolved upon Jainab Bibi and sister Kissmattunnissa as per Muslim personel law in specific shares when Jainab Bibi got 1/4th share by inheritance;Kissmattunnissa got 1/2 share and remaining 1/4th also fell to the share of Kissmattunnissa under Radd system. In this way Kissmattunnissa came to possess 3/4th share, Faizannullah died in 1983 followed by Kissmattunnissa who died in 1984 leaving the plaintiff as their sole successor. Jainab died in the year 1992 without any issue and so the plaintiff came into possession of that 1/2 share also being the person upon whom the above estate devolved upon. The plaintiff asserts to be in possession of the properties of Atta Hussain, through maternal uncle Altaf Hussain and his wife Jainab as also his own mother, Kissmattunnissa.