GURUSHARAN SHARMA, J. - (1.) DEFENDANTS 1 and 2 of Partition Suit No. 3 of 1975 are appellants. The suit was dismissed. However, the plaintiffs succeeded in Title Appeal No. 61 of 1980 and obtained a preliminary decree for partition of their share in the suit property.
(2.) THE suit was field for declaration that sale -deed dated 1.9.1969 said to be executed by Mosstt. Somaria Bibi in favour of Sheikh Abdul Karim in respect of 83 decimals of land in Hussainabad having been brought into ex - instance after Bakshishnuna made in favour of plaintiffs 1 to 5 and defendants 2 and 3, conferred no title on defendant No. 1 and the same was void and not binding on the plaintiffs as well as defendants 2 and 3 and did not affect their title and possession. Further. relief for a preliminary decree for partition of four annas share each of plaintiffs 1 to 5 and was also sought for. Roza Mian died leaving behind his widow Mosstt. Somaria Bibi, a son Md. Sadique. who died issueless, and four daughters. Kakiri Bibi (plaintiff No. 5), late Sakina Bibi, wife of Rasool Mian (plaintiff No. 1), Jumratan Bibi (defendant No. 3) and Bakridan Bibi (defendant No. 2), wife of Kalim Mian (defendant No. 1). Plaintiffs 2 to 4 and defendants 4 to 6 were respectively sons and daughters of late Sakina Bibi from her husband Rasool Mian (plaintiff No. 1).
(3.) ADMITTEDLY , lands and house properties described in Schedule -B to the plaint belonged to Roz. Mian. Customary Dain Mohar in his family was Rs. 500/ - with two Dinars. After his death, his widow Somaria Bibi executed a deed of gift dated 15.3.1963 (Exhibit 9) in favour of her son and three daughters and husband of her daughter Sakina Bibi in respect of entire Schedule -B properties with recital that she got the same in lieu of dower -debt from her husband.;