MAIMUNNESSA KHATOON ALIAS KHOLA BIBI Vs. FAIZAR RAHMAN

JUDGEMENT

(1.) The plaintiff-appellant sued to recover possession of her share in certain properties inherited by her from her father and mother and which had been sold away for arrears of revenue or rent. She alleged that the defendant No. 1 who is her brother managed the whole estate on behalf of all the co-sharers, and that she was in possession jointly with him by receiving her share of the rents and profits; that after she had fallen out with defendant No. 1, the latter did not pay her share of the rents and profits nor give up her share of the properties and that in order to deprive her of her share caused the properties to be sold for arrears of revenue and himself purchased the same with his own money in the names of the defendants Nos. 10-13, but that all the properties were in his possession.

(2.) The defendant No. 1 pleaded inter alia that the plaintiff was never in possession, that the suit was barred by limitation, that he had purchased two of the properties, and that some of the other properties were purchased by some of the other defendants. The latter set up their respective purchases and pleaded that they were not benamdars of the defendant No. 1.

(3.) The Court of first instance gave the plaintiff a decree for possession in respect of some of the properties, holding that the others did not belong to her father.