| Case ID |
51336068-e794-44e1-84bb-8ddd26f97f51 |
| Body |
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| Case Number |
Suit No. 1011 of 1955 |
| Decision Date |
Oct 02, 1961 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the suit for partition, separate possession, and accounts instituted by Zainab Bai against Ibrahimji and others. The court held that the plaintiff failed to prove her claim regarding the immovable properties and the partnership rights she alleged. The court found that the properties in question were partnership properties and not exclusive to the late Abdul Husain Marvi. The court also ruled that the plaintiff's suit was time-barred concerning the demand for accounts. The judgment emphasized the importance of proper registration as required by the Registration Act, and the necessity of demonstrating adverse possession, which was not established in this case. Hence, the court denied the plaintiff's claims for her share in the properties and declared the suit as lacking merit. |
| Summary |
In the case of Zainab Bai vs Ibrahimji and Others, the Sindh High Court addressed a partition dispute stemming from the death of Abdul Husain Marvi in 1950. The plaintiff, Zainab Bai, claimed her share in the properties left behind by her father, while the defendants, consisting of her brothers and their descendants, contested her claims. The court evaluated the evidence of partnership and ownership of the properties, focusing on the Registration Act and the Partnership Act. The court found that the properties were treated as partnership assets, and the plaintiff did not establish her claims of adverse possession or exclusive ownership. The court also noted that the suit for accounts was time-barred under the Limitation Act. The decision underscores the necessity of adhering to legal requirements regarding property registration and the burden of proof in establishing claims of ownership and partnership rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Abdul Husain Marvi,
Zainab Bai,
Ibrahimji,
Ghulam Husain,
Kulsum Bai,
Fida Ali
|
| Judges |
A.S. Faruqui, J.
|
| Lawyers |
Sadulla Abbasi,
Ramchandani
|
| Petitioners |
Zainab Bai
|
| Respondents |
Ibrahimji and Others
|
| Citations |
1981 SLD 1424,
(1981) 43 TAX 26
|
| Other Citations |
Sunder Singh Majithia v. Commissioner of Income tax (AIR 1938 All. 452),
5 S. Rao and another v. C. Venkatratnam and others (AIR 1925 Mad. 945),
Bageshawari Charan Singh v. Thakurain Jagarnath Kuari and another (AIR 1932 PC 55),
Premraj Brahmin v. Bhaniram Brahmin (49 CWN 794),
Varada Pillay v. Jeevarathnamal (ILR 43 Mad. 244),
Ismail v. Tyeballi Essaji (24 SLR 81),
Permananda v. Dhirendra Nath Ganguly and others (AIR 1950)
|
| Laws Involved |
Registration Act, 1908,
Partnership Act,
Limitation Act, 1908,
Court Fees Act, 1870
|
| Sections |
17(b),
49,
14,
46,
Article 144,
Schedule II, Art. 17(vi)
|