MOHAMMAD HAFIZULLAH Vs. JAVED AKHTAR

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 26th June, 2007, delivered in A.P.D. No.614 of 2005 by the High Court of Calcutta, this appeal has been filed against the concurrent findings arrived at by the High Court in the aforestated appeal.

(2.) Facts which are relevant for the purpose of determination of the present appeal in a nutshell are as follows :

(3.) As the property belonged to the aforestated three persons and as it was not possible to divide the same by metes and bounds, a prayer had been made to the High Court for permitting sale of three-fourth share of the property belonging to Shri Nagendra Bala Guha and Shri Hari Ranjan Guha to present respondent nos.1 and 2 i.e. Shri Javed Akhtar and Shri Parvez Akhtar, who are brothers. In the said proceedings, Smt. Kanak Nahar had also filed an application with a prayer that she be also permitted to sell her one-fourth share to the present respondent nos.1 and 2 Shri Javed Akhtar and Parvez Akhtar.