(1.) Respondent herein has instituted a suit in OS No.131/2009 for partition and separate possession of her 1/5th share in the suit schedule property and also to declare that the partition deed dated 29.12.2003 is not binding on her.
(2.) In the plaint, she has stated that the 1st defendant is the mother and defendant Nos.2 to 4 are her sisters. Further she has taken a contention that the 5th defendant who is the petitioner herein is a stranger and not at all related to the family and also not a legal heir of either Syed Mohiddin or Syed Peer Sab who is the father of the plaintiff and as such, he is not entitled for any share in the suit schedule property.
(3.) Petitioner who is the 5th defendant along with defendant Nos.1 and 4 filed common written statement denying the contention of the plaintiff that the 5th defendant is a stranger to the family and he is the son of Syed Iqbal but stated that the 5th Defendant is the only brother of the plaintiff and the 5th defendant was the only son of late Syed Peer Sab.