JALLA BEGUM Vs. GH ZOHRA

JUDGEMENT

(1.) THIS is defendants first appeal and arises out of a suit instituted by the plaintiff Mst. Ghulam Zohra a wife of Sardar Shah to pre -empt the sale of half portion of the house made by defendants Nos 2 and 3 in favour of defendant No. 1 Jalla Begum wife of Abdul Ghani for Rs. 3,500 by virtue of a sale deed dated 16th Maghar 2007.

(2.) THE plaintiff alleged that the house sold was contiguous to her house courtyard and latrine find and that she had right of prior purchase on the basis of her being the owner of property contiguous to the property sold. It was further averred in the plaint that the land marked A in the plan attached to the plaint belonged to the plaintiff and was wrongly sold by defendants Nos. 2 and 3 to Mst. Jalla Begum defendant No. 1.

(3.) MST . Jalla Begum, the contesting defendant, resisted the suit on the ground that the house and the structures belonging to the plaintiff were on the wasidari land, and as the plaintiff was not the full owner of the wasidari land, the uses standing thereon belonging to the plaintiff constituted merely improvements on that land and did not confer any right of prior purchase on her. It was further pleaded that the plaintiff had waived her right to purchase the land and was, therefore, estopped from pre -empting the sale. Lastly it was pleaded that Rs. 1800 were spent on improvements and the plaintiff was liable to pay that amount to the defendant.