BIBI JAIBUNNISA Vs. ABDUL GHAFOOR

JUDGEMENT

(1.) This second appeal is by the plaintiff against a judgment of reversal.

(2.) The plaintiff filed a suit for declaration of title and for cancellation of a sate deed dated 18-5-1962 executed by her in favour of Abdul Gafoor (defendant No. 1) which deed according to the plaintiff, was fraudulent, fabricated, concocted and illegal. The plaintiff also prayed her title to be confirmed and for partition according to her share (one-third).

(3.) The plaintiff's case was that she had two brothers and three sisters. There was a partition between the brothers and sisters and in that partition the disputed holding came in possession of the three sisters including the plaintiff and the same was in joint possession of all the three sisters. According to the plaintiff, one of her sisters (Amna Khatoon) sold her share but she wrongly described that the shares of the sisters were divided. Abdul Gafoor (defendant No. 1) is the husband of plaintiff's another sister Jaitunnisa (defendant No. 2) who, according to the plaintiff, used to collect rent on behalf of all the sisters and was handing over the rent to the plaintiff also.