NASEEM KAHNAM Vs. ZAHEDA BEGUM (DEAD)

JUDGEMENT

(1.) Respondent Nos. 1 and 2 in Civil Appeal have filed O.S. No. 13/2000 before the Court of Principal District Judge at Vishakhapatnam. The suit is for partition and possession of plaint schedule property. The prayer reads thus:

(2.) The plaint schedule consists of a residential house bearing door no. 6.18.7 in East Point Layout, Plot No.10, LIG, T.S. No. 379, Block Nos. 22 and 23 of Waltair Ward, Vishakhapatnam Municipal Corporation (hereinafter referred to as "the plaint schedule").

(3.) Late Ghouse Khan S/o late Assudula Khan entered into a lease-cumsale agreement concerning the plaint schedule with the Vishakhapatnam Urban Development Authority. Late Ghouse Khan, through a registered Sale Deed, after completing the agreed obligations, purchased the plaint schedule. Late Ghouse Khan, admittedly, remained unmarried and died on 18/2/1988, leaving behind Plaintiff No. 1 - his sister and Defendant Nos. 1 to 3 - his brothers as successors to the plaint schedule. Plaintiff No. 2 is the daughter of the late Mallika Begum who died in 1964.