SHEIK MADAR Vs. KURSHEEDA BEGUM

JUDGEMENT

(1.) This revision presents an important question relating to Hanafi Law of Inheritance.

(2.) Petitioners 1 and 3 are the sons. Petitioner No.2 is the wife, and the respondent is the daughter of one late Md.Ghouse. He died leaving a house bearing No.4-10-87, admeasuring 380 square yards, situated at Hanumakonda. The respondent files O.S.No.34 of 2000 in the Court of the learned II Additional Junior Civil Judge, Warangal for partition of the said property against the petitioners.

(3.) The petitioners filed I.A.No.2348 of 2002 in the Court of the learned II Additional Junior Civil Judge, Warangal under Rule 11 of Order VII and Rule 6 of Order XII read with Section 151 C.P.C., with a prayer to reject the plaint and dismiss the suit. According to them, the 2nd petitioner is the only sharer, for the property left by late Md.Ghouse as per the Hanafi Law and that the respondent being a residuary, does not possess any right or enforceable claim in relation to such property, during the life-time of the sharer. It was pleaded that the law does not permit of simultaneous succession of property in favour of the sharers and the residuaries, and that the suit is not maintainable in law.