SARDAR AHMED Vs. MOINUDDIN

JUDGEMENT

(1.) IN this case, preliminary decree for partition of the suit property has already been passed. On 29th April, 2008, when the matter was taken up for final decree, counsel for the plaintiff stated that property No. 55, Kucha Bela Mal, Fatehpuri, Delhi should also be included as a property for partition. This property belonged to Ms. Allah Rakhi. She had died before filing of this suit. Her property was not mentioned in the schedule of the properties by the plaintiff. The plaintiff at this late stage wanted that this property should be included as a property amenable for partition. Counsel was directed to file written submissions as to how the property belonging to Ms. Allah Rakhi would become joint property amenable for partition and what legal right plaintiff had under the Muslim Law of Inheritance over this property, within a period of 2 weeks.

(2.) NO submissions have been filed by counsel for the plaintiff. It is held that this property bearing no. 55, Kucha Bela Mal is not the subject matter of partition in this case. List this matter now for final arguments and recording of final decree of partition on 20th October, 2008.