LAWS(DLH)-2015-8-339

ZAHEEN AND ORS. Vs. HAJRA BEGUM AND ORS.

Decided On August 14, 2015
Zaheen And Ors. Appellant
V/S
Hajra Begum And Ors. Respondents

JUDGEMENT

(1.) IA No.9152/2014

(2.) It is the contention of the plaintiffs that plaintiffs' father Shri Mohd.Sualeheen alongwith his two brothers purchased half undivided portion of the aforesaid property vide registered sale deed dated 13.12.1960. On the death of father of the plaintiffs' i.e. Shri Mohd.Sualeheen on 5.12.1983, he was survived by the plaintiffs and four daughters. In due course of time the real brothers of the father also expired. A family settlement took place on 23.2.2012 between the Legal Heirs of the father late Shri Mohd.Sualeheen and the legal heirs of his two brothers with regard to the suit property. As per the settlement the Legal Heirs of the two brothers and daughters of the father of the plaintiff left their shares in respect of the suit property in favour of the plaintiffs. Hence, it is claimed that the plaintiffs have become lawful owner of half share in joint undivided property.

(3.) It is further averred that late Shariat-ullah was the owner of the remaining half share of the suit property. After his death his son Late Jameel-ur-Rehman became the owner. After his death the defendants No.1 to 8 inherited his rights. Hence, it is averred that plaintiffs and defendants are joint undivided owners of the suit property.