LAWS(APH)-2014-1-102

BASHEERUNNISA BEGUM Vs. MEER FAZEELATH HUSSAINI

Decided On January 23, 2014
Basheerunnisa Begum Appellant
V/S
Meer Fazeelath Hussaini Respondents

JUDGEMENT

(1.) This Revision is filed under Section 115 CPC challenging the order dt.24- 10-2004 in I.A.No.1405 of 2000 in O.S.No.198 of 1986 of the II Additional Senior Civil Judge, Ranga Reddy District at Hyderabad.

(2.) The petitioners are plaintiffs in the above suit. The said suit was filed by the deceased 1st petitioner originally for partition and separate possession of 14/48th share out of an extent of Ac.300.24 gts. in Sy.No.1007 of Kukatpally village, Ranga Reddy Mandal, Andhra Pradesh. The 1st petitioner engaged Sri S.M.P. Mathur and S.Bhooma Goud, Advocates on her behalf. In this suit there were originally 8 defendants. Subsequently, defendant Nos.2 and 3 (who are the daughters of the 1st petitioner) were transposed as plaintiff Nos.2 and 3 vide order dt.20-08-1987 in I.A.No.422 of 1986. They are petitioners 2 and 3 herein.

(3.) The plaint schedule property belonged to late Nawab Rais Jung Bahadur. The 1st petitioner claimed to be the widow of one of his sons by name Mir Mujtaba Hussain, who died in 1972 and contended that on the death of late Nawab Rais Jung Bahadur, the petitioners are entitled to the share of Mir Mujtaba Hussain. Written statement was filed by defendant Nos.1 to 4 (i.e., the original defendants 1, 4 5 and 6) opposing the suit claim contending that 1st petitioner's husband had already sold portion of land to various persons prior to his death in 1960, that the parties had already divided the property and so there cannot be any fresh partition.