GHAUSIYA KHAN Vs. ALIYA BEGUM

JUDGEMENT

(1.) This is a revision under Section 115 of the Code of Civil Procedure filed on behalf of the plaintiffs against the order dated 30.1.2002 passed by the Additional District Judge (Ayodhya Prakaran), Lucknow, rejecting the application C-541 under Order XII Rule 6 read with Order XV, Rule 1, Code of Civil Procedure in Regular Suit No. 47 of 1989, Smt. Chausiya Khan and Ors. v. Smt. Aliya Begum and Ors..

(2.) I have heard the learned counsel for the parties.

(3.) Plaintiffs-revisionists have filed a suit for accounting, declaration and injunction. It is prayed in the suit that the defendant Nos. 1 to 10 and 16 be restrained to transfer the properties mentioned in Schedule A, B and C attached with the plaint and be directed to pay the amount of the share of the plaintiffs from the income derived from the properties mentioned in Schedule A, B and C and for possession of the property exclusively owned by Late Mohd. Shafiq Khan to plaintiffs and also direction to vacate the portion which is in their possession of house No. 813, situated in Mohalla Atal Vihari Nagar to plaintiffs. It is further prayed that the defendant Nos. 11 and 12 be directed to make payment regarding the Bus No. U.R.U.-5392 and the amount to the extent of plaintiffs 1/3rd and 14/20 share regarding the buses mentioned in schedule 'F' and 'C' which are attached with them by a decree for permanent injunction in favour of the plaintiffs. Plaintiffs further sought a relief for declaration against the defendant Nos. 1 to 10 and 16 declaring that the plaintiffs are the exclusive owners of the properties mentioned in Schedule C, D and E and are the joint owners of the properties mentioned in Schedule A and B attached with the plaint and are entitled to Income derived from such properties. Plaintiffs also prayed for the accounting of the income derived from the properties mentioned in Schedule A, B and C of the plaint.