MAHENDRA DAYAL, J. - (1.) THIS second appeal arises out of a suit filed by the deceased respondent No.1 against the present appellants and respondent no.2 for possession of the house in question.
(2.) THE suit was filed with the allegations that one Gulam Ali was the owner of the disputed house which is situated at Mohalla Hamamwali Gali, Chowk, Lucknow. There is no dispute with regard to the fact that Gulam Ali died in the year 1965 leaving behind the original defendant No.1 Puttu as his maternal uncle and his widow Smt. Hasina. According to the Muslim Law of Inheritance, Puttu got 3/4th share while Smt. Hasina got 1/3rd share. Smt. Hasina also died on 18.11.1968, but prior to her death, she executed a Will dated 13.11.1968 in favour of the appellants. The dispute arose when Puttu, the original defendant no.1 transferred his 3/4th share in the house in question to the deceased respondent no.1 by means of registered sale -deed dated 16.06.1969. Rashid Ali respondent No.2 also transferred his 1/4th share to the original plaintiff by another sale -deed dated 10.07.1969. On the basis of the aforesaid two sale -deeds, the deceased respondent no.1 claimed ownership of the entire house. According to the allegations made in the plaint, the present appellants and the respondent no.3 Cheddu were in unauthorized occupation of the house and as such a decree for possession was prayed for against them.
(3.) THE original defendant no.2 Rashid Ali filed his written statement admitting that he transferred his 1/4th share to the deceased respondent no.1, who was occupying a portion of the house in question. The deceased Puttu and Cheddu filed their joint written statement admitting that Puttu transferred his 3/4th share to the deceased respondent no.1 by a sale -deed dated 16.06.1969. In respect of Cheddu, it was stated by him that he was living in the house. However, he submitted that Cheddu had already been asked to vacate the house. The present appellants contested the suit and filed their separate written statements contending that Gulam Ali and Smt. Hasina his widow were the only family members and they were issueless. There was no other relative except them. On the death of Gulam Ali, his widow Smt. Hasina inherited the entire house and became its absolute owner. Gulam Ali had executed a Will in favour of his wife Smt. Hasina on 04.09.1961. Thereafter, Smt. Hasina also executed a registered WILL on 13.11.1968 in favour of the appellants. After the death of Hasina on 18.11.1969, the appellants became absolute owner in possession of the entire house. It was further stated by them that they were in possession of the entire house having absolute ownership and right over the said house. In respect of Cheddu, it was stated that he trespassed into a room of the house and tried to continue with his illegal occupation. However, when the matter was reported to the police, the proceedings under Section 145 CrPC were initiated, and Cheddu was evicted.;