RAMZANI Vs. RANI KUMAR

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff in a suit for recovery of possession.

(2.) THE allegations in the plaint, as amended, were that the plaintiff Mst. Mariyam was the daughter of Allarakh. This Allarakh had a shop at Malpura", more fully described in the plaint, which he had mortgaged with possession to Hira Nand. Hira Nand in turn mortgaged or sub-mortgaged it with Rasoola. It was alleged that one Abdul Karim, who was the sister's son of Allarakh redeemed that shop from Rasoola, and thereafter mortgaged the same with Shri Baksh. Later Abdul Karim on second Jeth Sudi, 13, Svt. 1999 (26th June, 1952) sold the equity of redemption also to Shri Baksh. It was alleged that the plain tiff got into possession of the shop some time in 1945, but Shri Baksh instituted a suit for possession under sec. 9 of the Specific Relief Act, and got a decree on 31st August, 1947, in execution whereof the plaintiff again got dispossessed. She claimed that she was the owner of the property and entitled to possession of the same, and, therefore, instituted the suit.