MD KHALILUR RAHMAN Vs. MD FAZLUR RAHMAN

JUDGEMENT

(1.) Respondent-1 - plaintiff filed the suit on 15-11-1967 praying for a decree that he is entitled to 7/44th share in all the suit properties and for directing the present appellants who were defendants 1 to 3 in the suit to pay his share of the mesne profits for the past three years from 1-9-1964 amounting to Rs. 1260/- and also requesting for a direction to hold an enquiry under Order 20 Rule 12 of the Code of Civil Procedure regarding future mesne profits.

(2.) Originally there were seven defendants. Defendant-4 is the mother of defendants 1 to 3 and the plaintiff. Respondent-2 who has died during the pendency of this second appeal, is defendant-4. Respondents-3 to 5 are defendants 5 to 7. They are the daughters of defendant-4.

(3.) The suit properties consist of ten items. The two Courts below decreed the suit of the plaintiff in regard to items 1, 2 and 9. Exhibit P1 dated 25-3-1953 is the settlement deed executed by Mohamad Ummar Saheb, father of the appellants-defendants-1 to 3 and the plaintiff and defendants 5 to 7 who were respondents 3 to 5 and husband of original defendant-4. ln the settlement deed his properties are classified into A, B, C, D, E and F Schedules. Suit items 1, 2 and 9 are the items in 'A' Schedule. Respondent-1 plaintiff has not filed either cross-objections or appeal in regard to the relief denied to him by the two Courts below that is in regard to the remaining suit items. Hence, only suit items 1, 2 and 9 which are the items in 'A' Schedule in Exhibit P1, are concerned in this appeal.