MOHAMMAD USMAN KHAN Vs. AMIR MAIN

JUDGEMENT

(1.) In the suit which is subject of this appeal plaintiff asked for partition of share of certain lands. He claimed that he had purchased the share from Mt. Shahzadi, wife of Nazar Ali, by a registered sale deed dated 11 November 1940. The plaintiff alleged that Zul Mohammad, the admitted owner, died leaving four sons, defendants 1 to 3 and Nazar Ali, deceased husband of Mt. Shahzadi. The widow of Zul Mohammad, Mt. Parbatia, relinquished her interest in her husband's properties in favour of her sons who, therefore, obtained share each. Nazir Ali, one of the sons, made an oral gift of his share to his wife Shahzadi in lieu of her dower debt. On 11 November 1940 Mt. Shahzadi sold her share by registered sale deed to the plaintiff.

(2.) It was contended in defence that Nazar Ali predeceased Zul Mohammad after whose death Mt. Parbatia obtained 2 annas share. The remaining 14 annas share belonged to defendants 1 to 3 but since Mt. Parbatia's dower debt was unpaid, she was in possession over all the lands of Zul Mohammad. It was asserted that Mt. Shahzadi had no right to sell her alleged share.

(3.) The trial Court held that Nazar Ali died after Zul Mohammad, that Nazar Ali made an oral gift of his share to Mt. ShahzMi in lieu of her dower debt. He further found that Mt. Shahzadi was entitled to sell her share to the plaintiff. He accordingly decreed the suit.