1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 436/2003 (Abdul Nasir Khan K.H. Khan & 5 others VERSUS Mohd. Mahboob Mohd. Ayyub & 15 others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.D. Vyawahare, counsel for the appellants. CORAM : SMT. VASANTI A. NAIK, J. DATE : DECEMBER 15 , 2010 . Heard. The appellants are the original plaintiffs. A suit was filed by plaintiff Kamarunnissa for partition and separate possession of a share in the properties belonging to her father, Mohd. Yusuf and her mother Zaibunnissa. It was the case of the plaintiff that though she had demanded the possession of her share in the property from the defendant, her brothers, they failed to partition the same and, hence, the suit was instituted. The defendants denied that the plaintiff was their sister and was the daughter of Mohd. Yusuf and Zaibunnissa. The defendants filed their written statement and denied that the property at serial number 2 in the schedule of properties was purchased by Mohd. Yusuf in the name of Zaibunnissa and the property at serial number 3 in the name of the defendants. The defendants sought for the dismissal of the suit. Both the Courts, on an appreciation of the evidence on record, came to a conclusion that the plaintiff 2 had failed to prove that she was the daughter of Mohd. Yusuf and Zaibunnissa and the property at Serial Number 3 was purchased in the name of the defendant and Mohd. Yusuf was the owner and possessor of the property till his death. In view of the aforesaid findings, the Courts dismissed the suit of the plaintiff for partition and separate possession of the suit properties. The findings recorded by both the Courts are pure findings of facts based on a proper appreciation of the material evidence on record. The Courts considered the documents namely the Transfer Certificate issued by the School, the Dakhal Kharij Register and the marriage register to hold that the plaintiff had not succeeded in proving that she was the daughter of Mohd. Yusuf and Zaibunnissa. The Courts held that in the year 1936 and 1938 when the plaintiff was admitted in the school at Chimur, there was no Zilla Parishad School and the documents showed that the plaintiff was admitted in the Zilla Parishad Urdu Primary School in the year 1936. The findings recorded by both the Courts are pure findings of facts based on a proper appreciation of the material evidence on record and since they do not give rise to a substantial question of law, the second appeal is dismissed with no order as to costs. JUDGE APTE