BASARAT ALI Vs. MOHAMMAD ALAM

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by legal representatives of defendant No.1 is as under:-

(2.) The suit property appended with the plaint was the property held by Turab Miyan. He had three sons namely, Ismail Miyan, Dost Mohammad and defendant No.1- Dukhan Miyan. Plaintiffs No.1 to 9 are sons, daughters and widow of Ismail Miyan. The plaintiffs brought a suit against defendant No.1-Dukhan Miyan for declaration of title and permanent injunction stating inter-alia that the suit property was already partitioned during life-time of Turab Miyan. However, defendant No.1 by sale deeds (Exs.P-6 to P-9) sold his share to the plaintiffs and other persons and also by Exs.P-10 to P-13, 1.17 acres of land was auctioned in favour of plaintiff No.1- Mahamood Alam, as such, out of 20.38 acres of land, defendant No.1 has sold 7.30 acres of land, as such, defendant NO.1 has no right, title and interest over the suit land and decree to this effect be passed in their favour.

(3.) Defendant No.1 filed his written statement and denied the averments made in the plaint stating inter-alia that he has right and title over the suit land and no partition has taken place between them, as such, the suit deserves to be dismissed.