LAWS(ALL)-2022-9-131

SIDDIQ AHMAD Vs. SHAUKAT ALI

Decided On September 13, 2022
SIDDIQ AHMAD Appellant
V/S
SHAUKAT ALI Respondents

JUDGEMENT

(1.) This is a defendant's second appeal, arising out of a preliminary decree passed in a suit for partition.

(2.) Original Suit No. 22 of 1976 was instituted by Shaukat Ali, arraying Nasiban Bibi as defendant no.1 and Rasheed @ Kallu, Shaukat Ali's son as the second defendant. Jogendra Nath @ Lahiri and Lallu were arrayed as defendant nos. 3 and 4 to the suit and Jamir Ahmad @ Jhamman Driver as the fifth defendant.

(3.) Shaukat Ali sought partition of the four houses, shown in Schedule A to the plaint. The relief of partition is confined to Shaukat Ali, defendant nos. 1 and 2. The other three defendants have been impleaded for reasons that shall be shortly indicated. The four houses set out in Schedule A to the plaint shall hereinafter be referred to as 'the suit property'.