ABDUL SATTAR Vs. MOHAMMAD SALEEM

JUDGEMENT

(1.) HEARD Singh, the learned counsel for the plaintiff appellant and Sir Anant Vijay, the learned counsel for the defendant No. 1. No one appears for the remaining respondents.

(2.) THE plaintiff-appellant filed a suit for partition alleging that the plaintiff and the defendant Nos. 1 to 4 are the real brothers and that they were living in the house which was owned by their father Nadey Ali and was being occupied jointly by all the brothers. Subsequently, a new house was constructed by their father in which the plaintiff and three brothers including defendant No. 1 started living in that house and one of the brothers remained in the old house. Upon their father's death, the plaintiff contended, that each brother claimed to occupy a portion of the house as per their convenience, and that there was no formal partition of their shares in the property in dispute by metes and bounds. Consequently, the suit for portion was filed.

(3.) THE defendant No. 1 resisted the suit and contended that there was a previous partition on the basis of which each of the brothers occupied their share of the property in question in which they were living along with their families and consequently, there was no need for any further partition.