RABIA ALIAS RAHIA BIBI Vs. NESAR AHMAD

JUDGEMENT

(1.) This second appeal has been filed by the plaintiffs-respondents-appellants challenging the judgment and decree of the court of appeal below, by which the judgment and decree of the trial court was reversed.

(2.) This matter arises out of Title Suit No.122 of 1980, which was filed by the appellants with respect to municipal plot no.1100, holding no.206, ward no.2 of Sasaram Municipality containing kutcha tiled house as well as plot no.1103 against the defendants-respondents seeking the following reliefs :-

(3.) The claim of the plaintiffs was that Sheikh Pir Bux had four sons, namely, Sheikh Abdul Rahman, Sheikh Abdul Karim, Sheikh Banarsi and Sheikh Hanif, out of whom Sheikh Hanif died issueless. Sheikh Abdul rahman and his wife Bibi Zainab had a son Noor Mohammad and two daughters Rabia Bibi and Zubaida Bibi, out of whom Noor Mohammad died ummarried in the year 1951, whereas, Rabia Bibi was plaintiff no.1 and zubaida Bibi's (deceased) daughter, namely, Zulekha Bibi was plaintiff no.2. Heirs of Sheikh Abdul Karim were defendants no.1 to 6, whereas, heirs of sheikh Banarsi are defendants no.7 to 9, whereas, defendant no.10 was wife of defendant no.1 Nesar Ahmad.