AISHA BI Vs. AMINA BI & ORS.

JUDGEMENT

(1.) This is an application for clarifications. This Court by its order dated Feb. 18, 1985 dismissed Special Leave Petition No. 15920 of 1983 with the direction that the 1/16th share belonging to the petitioner Mst. Aisha Bi in the property in the suit for partition brought by her daughter, respondent No. 1 Mst. Amina Bi shall be worked out in the final decree proceedings. It was also directed that the petitioner Mst. Aisha Bi shall be afforded opportunity to buy the outstanding interest in the said proceedings. All that was intended and meant was that the Court shall take recourse to the provisions of the Partition Act, 1983. That direction of ours cannot be construed to mean that the Petitioner Mst. Aisha Bi shall be entitled to claim half share in the evacuee property purchased by respondent no. 1 Mst. Amina Bi.

(2.) The order passed by this Court suffers from no ambiguity and there is no question of the petitioner Mst. Aisha Bi claiming a half share in the said evacuee property, being 46/64th share purchased by respondent no. 1 Mst. Amina Bi from the Custodian by registered sale deed dated Aug. 24, 1971 for Rs. 13,499/- pursuant to the order passed by the Competent Officer, Delhi dated June 26, 1971. The Petitioner Mst. Aisha Bi has no right or title to claim a share therein.

(3.) The application for clarification is wholly misconceived and is dismissed accordingly. let a final decree for partition be drawn at once, after leaving out 46/64th share purchased by respondent no. 1 Mst. Amina Bi in the property in dispute. No costs.