BIBI ASGHARI KHATOON Vs. RAJENDRA MAHTO

JUDGEMENT

(1.) This application in revision is directed against a final order in a proceeding under section 145 of the Code of Criminal Procedure. The first and third parties are petitioners before this Court. The lands in dispute were 2.17 acres in village Hardas Bigha, Police Station Fatwah, district Patna. The lands in dispute belonged to one Afzal Hussain, who was possessed of lands measuring 32.15 acres. He died leaving behind his widow Bibi Khatoon, his father Sayadutt Hussain, a son Mohammad Wassim and a daughter Bibi Sakina. Sayadutt Hussain, the father treating his share as 2 annas 8 pies in the properties of Afzal Hussain transferred four annas interest to Bibi Khatoon, four annas to Bibi Sakina and eight annas to Mohammad Wassim by Tabliqnama, dated 26-10-1916. Bibi Khatoon, Bibi Sakina and Mohammad Wassim came in possession of lands gifted to them by Sayadutt Hussain. According to the first party, Bibi Sakina died unmarried. Subsequently Bibi Khatoon also died. The shares of Bibi Khatoon and Bibi Sakina devolved upon Mahammad Wassim, who thus came in possession of the entire properties of Afzal Hussain. It was claimed by the first party that he dealt with the lands by either selling or mortgaging part of the heritage at different points of time by separate deeds. The first party Bibi Asghari Khatoon, who is wife of Mahammad Wassim claims to have come in possession by virtue of transfer of the lands to her by Mahammad Wassim in lieu of dower debt, This Baksisnama in lieu of dower debt was executed on 3-7-1969. Since then the first party claims to be in possession of the lands in dispute in her own right.

(2.) According to the second party, the facts alleged by the first party uptil 1916, when the Tabliqnama was executed by Sayadutt Hussain are accepted. The controversy starts thereafter. According to the second party, Bibi Sakina was married to Mahammad Zubair. They had a daughter Ashmatunnisa and son-in-law Abdul Sajjad Ashmatunnisa and Sajjad had two daughters Asharat and Parhat. Bibi Sakina died in 1939 leaving behind her daughter and son-in-law, Ashmatunnisa also died leaving behind her two daughters Ashrat and Farhat. On 21-9-1964 Abdul Sajjad sold the disputed lands to Saida Khatoon. On 5-3-1970 the latter sold the disputed lands by two registered sale-deeds to second party Nos. 1 and 4. Opposite party nos. 1 to 6 came up from the same family and were arrayed as second party in the proceeding.

(3.) The case of Tamizunnisa, petitioner No. 3 and third party to the proceeding was that she was a mortgagee of the first party of several parcels of land by registered deeds dated 31-3-1967, 12-6-1967 and 1-7-1969. Plot Nos. 601 and 602 are the only plot in dispute out of the lands mortgaged with her. Noor Jahan, petitioner No. 4 and third party to the proceeding claimed to be in possession of plot Nos. 603, 560, 559, 558 and 590 as mortgagee from the first party by registered deed dated 4-3-1970. In short the third party claimed to be in possession of the disputed lands as mortgagees of the first party.