MAKBUL HUSSAIN Vs. ZUBEDA KHATOON

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the Assistant District Judge No. 2, Guwahati by which the judgment and decree passed by the Munsif No. 2. Guwahati was upheld and the appeal was dismissed.

(2.) The respondent No. 1, as plaintiff, filed a suit before the Munsif No. 2, Guwahati, praying for declaration of her right, tltle and interest in the suit land and house thereon left by her father Monia Sheikh and also for a preliminary decree for partition of the suit land and house thereon. The case of the respondent No, 1-plaintiff was that she was the youngest daughter of late Monia Sheikh who had a residential house at Athgaon, Guwahati, on a plot of land measuring 1 Katha 2 Lechas. It was claimed that she was one of the heirs of late Monia Sk. along with her two brothers and two sisters and, as such, she was entitled to a share in the said property. It was also her case that she used to reside in a part of the said house even after the death of Monia Sk. in the year 1963. In 1980 her two Brothers drove her out of the said house. Thereafter the aforesaid suit was filed.

(3.) The suit was contested by the principal defendants, defendants Nos. 1 and 2, sons of late Monia Sk., who contended, inter alia, that the respondent No. 1-plaintiff was not the daughter of late Monia Sk. and, as such, she was' not their sister and that she never resided in the suit land and the house thereon. They contended that they were the sole heirs of late Monia Sk.