1. Since both these appeals involve common substantial questions of law, they are being disposed-off by this common judgment.

2. The substantial questions of law commonly involved, formulated and to be answered in both these second appeals preferred by the plaintiff are as under: -

“1. Whether the judgment of the first appellate Court in reversing the finding of the trial Court on the basis that the suit is not maintainable is proper or not, particularly, when the suit of the plaintiff was for declaration of title and permanent injunction?

2. Whether the suit property could have been mortgaged by Mohd. Khalil or Baitul Bibi on account of the fact that the suit property was already sold to one Tajuman Bibi on 11.7.1973 by a registered sale deed?”

(For sake of convenience, parties would be referred hereinafter as per their status shown in the trial Court.)

3. Marium Bibi – the plaintiff, filed a suit for declaration of title and permanent injunction stating inter alia that she is the owner of the suit land bearing Khasra No.754/2, area 0.713 hectare. She further averred that the suit property was originally held by Baitul Bibi, wife of Rustam Ali, who sold the property through r