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1974 Supreme(Pat) 87

S.ANWAR AHMAD
Bibi Zamirunissa – Appellant
Versus
Sk. Qudoos – Respondent


Judgment

1. This appeal by the plaintiff arises put of a suit for declaration that the kebala dated the 11th November,1951, executed by Bibi Sirejan widow of Sk. Doman in favour of respondents Nos. 1 and 5 (defendants Nos. 1 and 2) and that dated the 26th February, 1952, executed by Bibi Sairunnissa daughter of Sk. Doman in favour of respondent No. 8 (defendant No. 3) were illegal, without Consideration and did not affect the appellants right to the suit lands as she was a prior purchaser. A prayer was further made for confirmation of possession, in the alternative, for recovery of possession as also for carving out a share to the extent of 1 bigha 13 kathas 13½ dhurs in her favour after partition of Schedules 2 and 3 lands.

2. On the case of both the parties, 5 bighas 15 kathas 12 dhurs of land of village Dilawarpur, described in Schedule 1 of the plaint, belonged to and was in possession of one Sk. Doman. The entire land was sold in execution of the decree passed in Rent Suit No. 1369 of 1936 for arrears of rent. It was purchased in auction sale by the decree-holder who also took delivery of possession. Sk. Doman died leaving behind three sons, five daughters and a widow. On his d









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