ZOBAIR AHMAD Vs. JAINANDAN PRASAD SINGH

JUDGEMENT

(1.) IN the suit which is the subject-matter of this appeal the plaintiffs asked for a decree for possession with mesne profits with regard to 14 annas share in certain raiyati lands and a dilapidated house described in Schedule 1 of the plaint. The following pedigree will indicate the relationship between the parties:

(2.) THE main question of law involved in this case is whether defendant No. 1 acquired a valid title to the property in dispute by virtue of the sale deed (Ext. B) executed by Naffisa and Bibi Saliman in favour of defendant No. 1 with regard to the 10 annas share of the properties. THE lower appellate court has construed the document (Ext. B) as showing that the widow Naffisa had transferred her rights of possession as the holder of the property in lieu of her dower debt and not an absolute transfer of 16 annas share in favour of defendant No. 1. Accordingly the lower appellate court has held that Naffisa transferred ner right of possession which would enure to her in her lifetime or until her dower debt was satisfied in favour of defendant No. 1. For these reasons the lower appellate court has held that defendant No. 1 had validly acquired the right of possession of the disputed properties by virtue of the document (Ext. B) executed by Naffisa and Bibi Saliman. THE lower appellate court has, therefore, dismissed the suit brought by the plaintiffs for recovery of possession,

(3.) FOR these reasons we hold that this appeal must be allowed, the decree of the lower appellate court must be set aside and the plaintiffs must be granted a decree in terms of the decree granted by the trial Court. We accordingly allow this appeal, set aside the decree of the lower appellate court and restore the decree of the trial court.