FAZLUR REHMAN Vs. SAFIA W

JUDGEMENT

(1.) THIS is plaintiff's first appeal.

(2.) THE plaintiff -appellant Rehmat Bai and defendant No. 1 Mst. Safia are two wives of Badruddin who died. After the death of Badruddin his mother Mst. Gulab Bai, plaintiff Rehmat Bai and defendant No. 1 Mst. Safia were his legal heirs. Mst. Gulab Bai also died and thereafter, plaintiff and defendant No. 1 remained the only legal heirs of deceased Badruddin. According to the plaintiff, Mst. Gulab Bai at the time of her death left two properties which were in joint possession of the plaintiff and the defendant No. 1. These properties comprised of two houses, one in Kishorepura Mohalla, and another in Bhatapada, Rampura, Kota. Since the relations between the plaintiff and the defendant No. 1 became strained, plaintiff filed the suit out of which this appeal arises, for partition and sought a further declaration that defendant No. 1 bad no authority to sell the house situated in, Kishorepura Mohalla to defendant No. 2, Aajak Vilson by a registered sale deed dated 20th March, 1969, and therefore, the sale deed was null and void.

(3.) THE trial court framed the following Issues: