HAJI ABDUL AZIZ Vs. MOHD WAHID

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff against the judgment and decree dated 22-8-1974 passed by First Additional Sub- 161 of 1969 Judge, Bhagalpur in Title Suit No. ---------------- 28 of 1973

(2.) THE above suit had been tiled by the appellant for partition of a residential house standing on a plot of land being part and parcel of Bhagalpur Municipal Holding No. 47, Ward No. 7, Circle No. 12 lying in Bhaiolal lane in Mohalla Champanagar within the town of Bhagalpur. According to him, he has acquired one-third share in the suit property being the bona fide purchaser from Bibi Hamida Khatoon by a registered sale-deed dated 21-7-1969 (Ext. 1). According to him, the suit property was acquired and owned by one Hichu Mian, who had died leaving behind him one son and one daughter, namely, Mohammad Mian and the vendor of the plaintiff, Bibi Hamida Khatoon. THErefore, in view of the law applicable to Hanili School of Mohammedan law, his vendor had acquired a subsisting right, title and interest to the extent of one third share in the suit property. THE heirs of Mohammad Mian. Bibi Hamida Khatoon and the purchasers through the sons of Mohammad Mian have been made defendants in this case.

(3.) THE parties to the suit have led both documentary as well as oral evidence to make out a case in their favour. THE trial court on appreciation of the evidence on record took the view that the property had been acquired by Mohammad Mian and as such, neither his sister nor the plaintiff, as a purchaser through her, is entitled to any share in the suit property. Accordingly, the suit was dismissed.