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2004 Supreme(All) 2581

N.K.MEHROTRA
ASHIQ ALI – Appellant
Versus
RASHEEDA KHATOON – Respondent


JUDGMENT :

N.K. Mehrotra, J.

This is second appeal against the judgment and decree dated 2.8.1980 passed by 1st Additional District Judge, Faizabad upholding the judgment and decree dated 6.11.1978 passed by Civil Judge, Faizabad.

2. I have heard Shri Molul, Arif Khan, learned counsel for the appellants and Shri Abid Ali for the respondent No. 1.

3. It appears from the facts on record that Smt. Rasheeda Khatoon plaintiff-respondent No. 1 filed suit against Usman, Abo Mohammad (deceased appellant No. 1) and Mashooq Ali (deceased appellant No. 2) with the allegations that house No. 2868 situated in Mohalla Hayat Ganj in Tanda. District Faizabad was the property of late Abdul Haq @ Hukka who died on 24.1.1972. The only son of Abdul Haq @ Hukka left India for Pakistan leaving Abdul Haq alone, in Tanda, District Faizabad. It is alleged that there was none in Tanda to look after him. Hazi Madari the father of Smt. Rasheeda Khatoon, the plaintiff-respondent was a close friend and neighbour of Abdul Haq. Smt. Rasheeda Khatoon used to look after Abdul Haq and used to spend money for his services. It is further alleged that about seven years before the filing of the suit on the occasion of ld. A

















































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