SMT. HABIBUNISSA Vs. SADDAM HUSSAIN @ SHANU

JUDGEMENT

(1.) The present leave to appeal has been filed by the petitioners seeking leave to file appeal against the judgment and decree dated 29. 04. 2014, passed by learned Additional District & Sessions Judge, Nimbahera, District Chittorgarh in a Civil Original Suit No. 111/2013 (Saddam Hussain & Anr. Vs. Manjoor Alam & Anr. ).

(2.) The petitioners have filed the present leave to appeal, inter alia, contending that having purchased the subject property from the respondents, they have right, interest and title in the property; yet the respondents (plaintiffs and defendants) have obtained a decree of partition of the property, behind their back, despite having sold the property and knowing it well that their interest would be jeopardized on account of such decree.

(3.) Mr. Sarupariya, learned counsel for the petitioners, narrating the voluminous facts in brief, apprised that Jakir, Manjoor Alam and Nasiban Bano, all descendants of Ahmed Hussain, who died on 16. 08. 1995, had executed a registered sale deed dated 31. 0 2000 in petitioners' favour and transferred a part of the property known as "Noor Mahal Building", situated in Nimbahera, District Chittorgarh. He submitted that respondents No. 1 and 2 have filed a suit for cancellation of the aforesaid sale deed dated 31. 0 2000, which is pending before the competent Court.