SYED BASHEERUDDIN Vs. ZAIBUNNISA BEGUM

JUDGEMENT

(1.) Defendants 6 to 9 who are impleaded as legal representatives of defendant No.1 who died pendente lite are the appellants in this appeal. The first respondent is the plaintiff. She is the daughter of the Syed Sharfuddin. the died leaving behind him the plaintiff, the (first defendant (father of the appellant), defendants 2 to 4, the other sons and defendant No.5, the widow. He died on December 17, 1955. The trial Court granted a preliminary decree for partition of the plaint schedule properties. Against this preliminary decree, the present appeal has been filed.

(2.) It is the case of the respondent-plaintiff that the lands bearing S.Nos.196, 202 and 194 situated in Bichkunda village and the lands bearing Survey Nos. 136 and 145 situated at Daulthapur and a house covered by tiles and grass without open space and Chabutra situated at Bichkunda 18 yards in length and 19 yards in width with an open space belonged to her father. After his demise, herself and the. other heirs were continuing as co-owners in joint possession and enjoyment while she continued to live in the house referred to in the plaint. She demanded partition and the defendants evaded partition as a result of which she was constrained to file the present suit for partition and separate possession of her 1/9th share and for mesne. profits. The present suit was filed on 17.11.1970.

(3.) In the suit, the second defendant remained ex parte. Defendants 3 and 4 filed a written statement supporting the plaintiffs' case and the fifth defendant mother did not file any written statement and she died pendente lite. Therefore, the only contestant is defendant No.1 and his successors, the appellants herein.