SURENDRA NATH BHARGAVA,J. - (1.) THIS is plaintiff's first appeal.
(2.) THE plaintiff -appellant Rehmat Bai and defendant No. 1 Mst. Safia are two wives of Badruddin who died. After the death of Badruddin his mother Mst. Gulab Bai, plaintiff Rehmat Bai and defendant No. 1 Mst. Safia were his legal heirs. Mst. Gulab Bai also died and thereafter, plaintiff and defendant No. 1 remained the only legal heirs of deceased Badruddin. According to the plaintiff, Mst. Gulab Bai at the time of her death left two properties which were in joint possession of the plaintiff and the defendant No. 1. These properties comprised of two houses, one in Kishorepura Mohalla, and another in Bhatapada, Rampura, Kota. Since the relations between the plaintiff and the defendant No. 1 became strained, plaintiff filed the suit out of which this appeal arises, for partition and sought a further declaration that defendant No. 1 bad no authority to sell the house situated in, Kishorepura Mohalla to defendant No. 2, Aajak Vilson by a registered sale deed dated 20th March, 1969, and therefore, the sale deed was null and void. The suit was contested by the defendants. It was submitted by the defendant No. 1 that both the houses belonged to Mst. Gulab Bai and she gave them to defendant No. 1; that she had been in possession as owner of the properties. It was further submitted that the plaintiff had filed a suit against the defendant No. 1 for partition of the properties left by deceased Badruddin, which has been dismissed and hence the suit out of which appeal arises, was not maintainable.
(3.) THE trial court framed the following Issues: (1) Whether the two houses described in para No. 3 in plaint were bequeathed by Mst. Gulab Bai to the defendant ? (2) Whether the defendant No. 1 had no right to dispose of the house described in para 3(b) in plaint to defendant No. 2 and the sale is void and ineffective against the plaintiff? (3)(a) Is the plaintiff entitled to partition ? (b) Is the plaintiff estopped from claiming partition of these houses as she did not include them in a suit filed in Ujjain Court ? (4) Is the suit under -valued ? (5) Relief. ;