Dr Mohammad Nazir-Ud-Din Hasan vs Wajid Ali

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1939 Supreme(Oudh) 13

Dr Mohammad Nazir-Ud-Din Hasan – Appellant
Versus
Wajid Ali – Respondent

JUDGMENT

1. This is an appeal by the plaintiff under Section 12(2), Oudh Courts Act, against the decree of a single Judge of this Court allowing the defendants' appeal and dismissing the suit. It is necessary to mention the following facts: In 1899 there was a partition of village Salempur at which two mahals, one mahal Nizam-ud-din and the other mahal Baqia Rahim-un-nissa were formed. Although plot No. 342 of the third settlement fell in mahal Nizam-ud-din yet the heirs of Mir Khurshed Ali, who were cosharers in mahal Baqia Rahim-un-nissa, i. e. respondents 2 to 4 and father of respondents 5 and 6 remained in possession of it. In 1901 Nizam-ud-din, who was a cosharer in mahal Nizam-ud-din, filed a suit for the recovery of that plot against the heirs of the said Khurshed Ali. Two deeds of exchange were executed, one by each party and the suit was compromised, the result of which was that the heirs of Khurshed Ali were allowed to retain possession of plot No. 342 and Nizam-ud-din got plot No. 140 of mahal Baqia Rahim-un-nissa in exchange. In 1923 Nawab Ali and his sisters executed a sale deed in respect of a certain share in mahal Baqia Rahim-un-nissa in favour of Wajid Ali, responde

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