VALI MOHD AND ORS Vs. VAHIDAN AND ANR

JUDGEMENT

(1.) This civil second appeal is directed against the judgment & decree passed by the Senior Civil & Assistant Sessions Judge Jaipur District, Jaipur confirming the judgment & decree passed by the Munsif Magistrate, Jaipur District, Jaipur in a civil suit for declaration and permanent injunction.

(2.) Mst. Vahidan and Sakuran, the plaintiffs-respondents, daughters of Kadar bux filed the suit on the allegation that their share in the property mentioned in para 1 of the plaint was gifted orally to them by their father Kadarbux about 14 years prior to the institution of the suit. The plaintiffs in pursuance to this gift took possession of the property. Now, defendants-appellants want to dispossess the plaintiffs from their possession. The gift was denied by the defendants. The case of the defendants was that Kadarbux had left for Pakistan and could not have gifted the property. The possession of the plaintiffs over one 'Tibara' and 'Sal' was alleged to be illegal having been taken forcible two months prior to the filing of the written statement. On the pleading of the parties, the following issues were framed:

(3.) After the suit was decreed on 28th February, 1961, the first appellate court remanded the case for adding words, in issue No. 4. The suit was again decreed for the second time on 13th April, 1963. The appeal filed against the above decree by the defendant was dismissed.