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1994 Supreme(All) 805

S.P.SRIVASTAVA
SHAMSUDDIN – Appellant
Versus
AMEER JAHAN BEGUM – Respondent


Advocates Appeared:
S.U.KHAN, SANDEEP MOOKERJI, V.K.Gupta,

S. P. SRIVASTAVA, J.

This second appeal arises out of a Suit No. 547 of 1978 filed by Smt. Amir Jehan Begum, the respondent No. 1 wherein Suhail Ahmad, the husband of the plaintiff had been impleaded as defendant No. 2, while Shamshuddin, the present appellant had been impleaded as defendant No. 1. The plaintiff-respondent in the aforesaid suit had prayed for a decree declaring that she was the exclusive owner in possession of the house in dispute, the sale-deed in respect whereof executed on 10-4-1987 by the husband of the plaintiff in favour of Shamshuddin was null and void and legally ineffectual. Besides the above relief, the plaintiff also prayed for a decree of permanent prohibitory decree restraining Shamshuddin from evicting the plaintiff from the house in execution of the decree passed in suit filed by him being suit No. 333 of 1978 decided on 5-10-1978 against Suhail Ahmad.

2. The plaintiffs case, in nut shell, was that at the time of her marriage with Suhail Ahmad, an amount of Rs. 5,000 had been settled as mahar-Indul-Talab which was not paid by her husband at the time of her marriage. On account of strained relations between the plaintiff and her husband which develope
































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