SAMIULLA KHAN Vs. FAYAZULLA KHAN

JUDGEMENT

(1.) The captioned second appeal is by plaintiff No.1 assailing the judgment and decree of the appellate Court wherein, appellate Court has allowed the appeal and suit filed by the plaintiffs seeking relief of partition is dismissed. These divergent findings are under challenge by plaintiff No.1.

(2.) For the sake of brevity, the parties are referred to as per their rank before the trial Court.

(3.) Plaintiffs and defendant Nos.1 and 2 are brothers and sisters. Plaintiff No.1 is seeking relief of partition by contending that suit properties were purchased by their father namely Ameerkhan and after his demise, plaintiffs and defendants have inherited the properties as tenants in common. The present suit is filed alleging that defendant No.1 is trying to alienate the suit schedule properties and therefore, plaintiffs requested the defendants to effect partition and effect their legitimate share in the suit schedule properties. It is alleged in the plaint that defendants refused to effect partition.