BIBI FATMA Vs. NARESH SAH

JUDGEMENT

(1.) THE plaintiff -appellant has filed this second appeal against the judgment of affirmance. The substantial question of law which arise in this appeal are as follows:

(2.) THE case of the plaintiff -appellant briefly stated is that a suit has been filed by Bibi Fatma, w/o Abdul Samad for a declaration that she is the owner of the lands and house which are the subject matter of the suit and further to hold that the sale deed executed by Abdul Hamid and Mostt. Gujja is illegal and void.

(3.) THE case of the defendant is that they admit that Natu Mian is the original owner of the land. According to them, Abdul Hamid had not disappeared and was very much alive and also that the wife of Natu Mian, Bibi Gujja was alive till 1980 and she had executed gift in favour of defendant No. 2. The defendants specifically deny the story of oral gift in the year 1956 and claim that Abdul Hamid had seven annas share which he had transferred to defendant No. 1. It is also admitted that the proceedings under Section 107 of the Code of Criminal Procedure was instituted by the plaintiff -appellant which was later on converted into proceedings under Section 145 of the Code of Criminal Procedure which was ultimately dismissed. The plaintiff -appellant had filed a criminal revision against the dismissal of 145 proceedings which was ultimately allowed.