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1986 Supreme(Pat) 328

S.S.SANDHAWALIA, S.ALI AHMAD
Bibi Rehana Khatoon – Appellant
Versus
Bibi Jabrunnisa – Respondent


Advocates Appeared:
For the appellants : M/s. S. S. Asghar Hussain and Raghib Ahsan.
For the respondents: Mr. Ashok Kumar Mallick.

JUDGMENT :

S. Ali Ahmad, J.–Second Appeal No. 596 of 1979 has been filed on behalf of defendant no. 9 whereas Second Appeal No. 597 of 1979 has been filed on behalf of defendant no. 10 to a suit filed by respondent no. 1 for declaration of her right over the suit land. Her case, in short, was that the land in question belonged to her father-in-law Rasooldad Khan, who made a gift of it in her favour in presence of her relations and put her in possession. It was said that since then she has been coming in possession over the suit land. She alleged that after the death of Rasooldad Khan, the defendants were threatening to dispossess her and, as such, she was obliged to file the suit.

2. Defendant nos. 1 to 3 filed a written statement stating, inter alia, that the story of gift by Rasooldad Khan in favour of the plaintiff was not correct. They further stated that on the death of Rasooldad Khan the property in suit was inherited by them which they sold to defendant nos. 9 and 10. A separate written statement was also filed by defendant nos. 9 and 10. They also contended that on the death of Rasooldad Khan his heirs inherited the suit land and defendant nos. 1 to 3 and defendant no. 6 sold



















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