RAIS KHAN Vs. SAEEDA BEGUM

JUDGEMENT

(1.) THIS case is on the Regular Board of this Court since 3.1.2011. Today this case is effective item No. 6 on the Regular Board. No one appears on behalf of the parties, although it is 3:00 p.m. I have, therefore perused the record and am proceeding to dispose of the matter.

(2.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment and decree dated 24.5.2001 whereby the suit of the Plaintiff/Respondent for partition and rendition of accounts is decreed.

(3.) THE second defence of the Appellant before the Trial Court was that Sh. Abdul Aziz was not the owner of the property and it was the Appellant who was the owner of the property. In this regard, the Trial Court has rightly held that it was Abdul Aziz who was the owner of the subject property. Para 8 of the impugned judgment deals with this aspect and which reads as under: