Amitava Roy, C.J. - (1.) THE appellant/plaintiff is in appeal, being aggrieved by the verdict of reversal recorded in S.B. Civil First Appeal No. 153/1980 interfering with the judgment and decree dt. 29.10.1980 passed by the learned Additional District Judge No. 6, Jaipur City, Jaipur in Civil Suit No. 74/1979 decreeing his suit. We have heard Mr. R.K. Agrawal, Senior Advocate assisted by Mr. Yogesh Pujari, learned counsel for the appellant/plaintiff and Mr. Bihari Lal Agrawal, learned counsel for the respondent/defendant.
(2.) IN brief, the pleaded facts reveal that the appellant/plaintiff instituted the aforementioned suit praying for a decree for possession and mesne profits in respect of the suit property claiming to have purchased the same by registered deed of sale dt. 01.08.1972 executed in his favour by Smt. Noor Jahan (since deceased), widow of Haji Wafati (also deceased). According to him, the suit property belonged to Haji Wafati initially being his share in the ancestral corpus. The appellant/plaintiff pleaded that Haji Wafati during his lifetime being the owner of the suit property, consequent upon a partition of the ancestral possessions, had bequeathed the same in favour of his wife Smt. Noor Jahan (Gaindi) on 02.01.1971 before his departure to Pakistan, whereafter the same was conveyed to him, (appellant/plaintiff) by the registered deed of sale dt. 01.08.1972 for a valuable consideration of Rs. 10,000/ -. According to the appellant/plaintiff, on such purchase, he was also delivered the possession of the suit property. Alleging that he was wrongfully dispossessed therefrom by the respondent/defendant on 02.08.1972, reliefs, as above, were sought for. Refuting the appellants' claim of title on the suit property, the respondent/defendant asserted his stake thereon on the basis of adverse possession. Apart from contending that the suit was not maintainable for non -joinder of necessary parties, he denied that Smt. Noor Jahan was the wife of Haji Wafati. He denied as well the execution of the Will dt. 02.01.1971 by Haji Wafati in favour of Smt. Noor Jahan. He contended in the alternative that, assuming without admitting, that the said document was executed, Haji Wafati, under the Mohammedan Law, had no right to convey the suit property, being in contravention thereof.
(3.) ON the basis of the pleadings, eleven issues were framed by the learned trial Court, which are enumerated herein below: - ;