AMEENULLAH AND ORS. Vs. UBAYATHULLAH AND ORS.

JUDGEMENT

(1.) Suit has been laid for partition and separate possession by the plaintiff against the defendants. The plaintiff is the elder brother of defendants 1 and 2. The first defendant is the younger brother of the plaintiff. The second defendant is the sister. The third defendant is the subsequent purchaser of some of the suit properties.

(2.) In the plaint, the plaintiff has contended that though there were two earlier attempts made, resulting in some documents being created, no actual partition has taken place and legally no reliance has been made on the same.

(3.) The first defendant being the younger brother of the plaintiff has contended that the family partition arrangement dated 21.01.2003 and thereafter, on 17.09.2006 would bind the parties. The first defendant has complied with his part of the arrangement by making due payments. Accordingly, the second defendant paid a sum of Rs.25 lakhs. Insofar as the payment due to the plaintiff is concerned, the first defendant is always ready and willing to pay a sum of Rs.7 lakhs as agreed upon. The subsequent agreement came into being in view of the dissatisfaction expressed by the second defendant over the earlier arrangement made on 21.01.2003. The parties are in enjoyment of the respective shares after the aforesaid two documents, though not registered.