MOULA BUX Vs. SHEIKH AJAHAR MOLLA

JUDGEMENT

(1.) This is a suit for recovery of possession of a holding of 6 bighas which originally belonged to one Enayatulla. Enayatulla sold the land in 1301 be his wife Sakhijan in consideration of what was due to her as her dower. He subsequently sold it again to the defendant No. 2. Throe days after the gale to defendant No. 2, Sakhijan executed a registered kabuliat in favour of the landlords in respect of the land, Subsequently, the landlords brought a suit for rent against Sakhijan and obtained a decree and in execution the plaintiff purchased the holding. The defendants are in possession of the holding and the plaintiff accordingly brought this suit which has been decreed by the Courts below.

(2.) The defendant No. 2 appeals to this Court.

(3.) The principal point taken on behalf of the appellant is that the conveyance to Sakhijan is invalid under the Muhammadan Law. This point was not taken in the written statement or in the grounds of appeal in the Court below and can only be considered in this Court, on appeal, as a pure question of law.