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2008 Supreme(Bom) 219

C.L.PANGARKAR
Zarinabi w/o Abdul Amir – Appellant
Versus
Shamim Sultana w/o Qamar Ali – Respondent


Advocates appeared
Mr. Shabbir Husain, Advocate for the appellant. Mr. Masood Shareef, Advocate for respondent no.1 Mr. V.G. Wankhede, Advocate for respondent no.7. Mr. R.S. Charpe, Advocate for respondent no.8.

JUDGMENT:

1. This is a second appeal by defendant against the

2. The facts giving rise to this appeal are as follows.

Plaintiff is the daughter of one Mohammad Sabir while the defendant no.1 is mother of the plaintiff and ex-wife of deceased Mohammad Sabir. Deceased Mohd.Sabir was serving as a driver in the State Transport Corporation. He died on 15/12/1985. The plaintiff is the only child born to defendant no.1 from Mohd.Sabir. The plaintiff was married in the year 1984 during the life time of Mohd.Sabir. Mohd.Sabir died on 15/12/1985 and soon thereafter i.e. on 3/9/1986, defendant no.1 entered into a marriage with one Abdul Latif.

3. Mohd.Sabir was earning Rs.1000/-per month as a salary on an average. Mohd.Sabir agreed to purchase a plot from one Abdul Rahim s/o Sk.Ibrahim. There was an agreement of sale on 30/12/1977. Mohd.Sabir had paid entire consideration to Abdul Rahim on 30/12/1977 only. The sale deed could not be executed in favour of Mohd.Sabilr due to the Urban Land Ceiling Law. It was agreed that the sale-deed would be executed in favour of Mohd.Sabir on 28/1/1978, however, it came to be executed on concurrent findings. The parties shall hereinafter be referred to as pl






















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