AMIR ALI Vs. AMINA BEGUM

JUDGEMENT

(1.) The first respondent-plaintiff Mst. Amina Begum instituted the suit for partition on 7.9.1971 and she is yet to see the light at the end of the tunnel. She claimed 15/16 of share in the suit property. On 30.1.1982 a preliminary decree was passed, After the first respondent had complied with the order passed by the lower Court directing her to deposit a sum of Rs. 20,000.00 towards the I/I 6th share of the first defendant in the suit in the final decree proceedings she applied for possession. That is being delayed by the petitioner. The first defendant in the suit was the mother of the first respondent. She died on 18.1.1987. The petitioner in the revision petition Amir Ali had been abusing the process of law by projecting his case by diverse pleas on different occasions. He sought an order from the lower Court that the decree obtained by the first respondent had become a nullity on the ground that the L /Rs of the first defendant were not brought on record on time and the decree was obtained by theirst respondent against dead persons. There were seven defendants in the suit. Defendants 3 to 7 were only tenants in the premises and they did not contest the suit.

(2.) First defendant was Mst. Ayshia Begum, mother of the first respondent. Second defendant Nizar Ali was the second husband of Ayshia Begum. Before narrating the facts culminating in the filing of the CM (Main), all the events have to be noted in some detail. The late lqbal Hussain, the first husband of Ayshia Begum, had two brothers Altaf and Arfin. lqbal Hussain had half share in the suit property. Altaf and Arfin each hati I /4th share. Both Altaf and Arfin had migrated to Pakistan, lqbal Hussain died in India, lqbal Hussain and Ayshia Begum had a son and two daughters. They were Mohd. Bilal, Mst. Amina Begum (first respondent) and Mst. Insha Allah Begum. The son Mohd. Bilal migrated to Pakistan. Mst. Amina Begum and Mst. Insha Allah Begum remained in India. Mst. Amina Begum claimed to have purchased the share of her sister Mst. Insha Allah Begum. Proceedings were initiated under the Evacuee Interest Separation Act, 1951. Mst. Amina Begum and Mst. Ayshia Begum participated in the proceedings before the Competent Authority under that Act. On 13.7.1971 the evacuee share was transferred to Mst Amina Begum. On that basis, as I noticed above, on 7.9.1971 she presented the plaint in the suit for partition. After the death of lqbal Hussain, Ayshia Begum married Nizar Ali as her secondusband. By Nizar Ali Ayshia Begum had a son Amir Ali (petitioner in CM (Main)) and two daughters Mst. Zarina Begum and Mst. Mobina Begum. The petitioner Amir Ali himself had filed an Amended Memo of Parties in the CM (Main) showing the plaintiff Mst, Amina Begum and Mst. Zarina Begum as respondents. The Amended Memo of parties is as under:

(3.) At the stage itself it can be noticed that the second respondent Mst. Zarina Begum, who is the real sister of the petitioner, is supporting him.