- (1.)This is a defendants' appeal which arises out of a suit brought by the plaintiff for partition and separate possession of a half share in the suit property. Plaintiff and defendant 1 are sisters and defendant 2 is the husband of defendant 1. The case for the plaintiff was that she became entitled to a half share in the suit property under the gift deed Exhibit 43 executed by her father in her favour and in favour of the defendant 1. The suit was resisted both on the ground that the gift was not acted upon and also on the ground that since the condition subject to which it was made was not fulfilled it was revoked. There was also a plea of adverse possession and relinquishment.
(2.)The important questions which arose from those pleadings were presented by as many as seven issues which were formulated by the court of first instance. The first issue covered the question whether the gift deed did not come into operation; the second related to the question whether the plaintiff relinquished her claim in favour of defendant 1; the third issue related to adverse possession; the fourth issue was whether defendant 2 was the tenant of defendant 1 and her father and the fifth was whether that lease was binding on the plaintiffs: and the other issues were the general issues,
(3.)On all these issues, the Munisiff recorded findings in favour of the plaintiff, and there was an appeal by defendants 1 and 2 to the Civil Judge who summarily dismissed the appeal under Rule 11 of Order 41 of the Code of Civil Procedure without even sending for the record. So the defendants appeal.
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