- (1.) The plaintiff-appellant Asghari Begum has filed this second appeal assailing the judgment and order dated 29.05.1981 passed in Civil Appeal No.196/1996, whereby the appeal was partly allowed and the judgment and decree of the learned trial court passed in Suit No.244/1964 was set aside.
(2.) The brief facts are that the plaintiff-appellant Smt. Asghari Begum brought a suit for partition against the respondents-defendants in respect of the house in question. The case of the plaintiff-appellant was that her share in the house in suit is 4/5 share while she had purchased 3/10 share from custodian. The rest half share was obtained by her by means of an oral gift deed and inheritance. The original defendant No.2 in the original suit had also purchased 1/5 share from custodian and had sold the same to the original defendant No.1, who demolished the house in part but tried to take possession over the entire house. This again on the part of the original defendant No.1 promoted the plaintiff-appellant to file a suit for partition. The original defendants No. 2 to 11 did not contest the suit and allowed the same to proceed against ex-parte. However, the defendant No.1 contested the suit merely on the ground that the house in question was constructed by Hamid Ali Khan and Sadiq Ali did not live there. It was further alleged that Hamid Ali Khan alone had been in possession. Mohd. Hassain Khan inherited full share from his father. He has sold the entire house to him on 29.08.1964. It was also pleaded that the suit was barred by limitation.
(3.) Learned trial court framed two issues and by means of judgment and decree dated 14.10.1965, the suit was decreed in respect of 133/360 and 2/50 share of the plaintiff-appellant in the entire house in dispute.;