Qutubuddin vs Mangala Dubey - 1935 Supreme(All) 147

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1935 Supreme(All) 147

NIAMATULLAH
Qutubuddin – Appellant
Versus
Mangala Dubey – Respondent

JUDGMENT

Niamatullah, J. - This is a plaintiff's appeal and arises from a suit for possession of two plots : Nos. 394-1 and 494, by ejectment of defendant 1, who claims it under a mortgage deed executed by defendant 2. The plaintiff and defendant 2 are recorded co-sharers of a "khata" in which the plots in suit lie. The trial Court decreed the plaintiff's suit so far that joint possession was allowed to the extent of 11-12. The lower appellate Court dismissed the plaintiff's suit.

2. The "khata" in which the plots in suit are situated originally belonged to one Makhdum Bakhsh. In 1906 he executed a deed of gift in respect of the entire khata in favour of his daughter's sons, Abdur Rauf and Muhammad Hanif. Makhdum Bakhsh subsequently died, leaving a daughter, Wasiha Bibi, and her two sons, the donees, Qutubuddin is the son of Zaibunnisa, daughter of Wasiha Bibi. Mutation of names was effected in favour of the donees, Abdur Rauf and Muhammad Hanif. The latter died, apparently un married, and his share devolved partly on his mother and partly on his brother and sister. The sister also died, leaving the plaintiff and her mother Wasiha Bibi as her heirs. Wasiha Bibi thus obtained a fracti

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