MOHD. KHADERUDDIN SIDDIQUI AND OTHERS Vs. MOHD. KHADERUDDIN SIDDIQUI THROUGH HIS G.P.A MAIRAJUNNISA BEGUM AND ANOTHER

JUDGEMENT

(1.) This is a plaintiffs’ appeal relating to a partition action.

(2.) One Mr. Shamshamuddin Hyder, who retired as Post Master General died on 25-1-1973 leaving two sons, plaintiff No. 1 and defendant No. 1 and two daughters plaintiff No. 2 and defendant No. 2 and a widow plaintiff No. 3. The defendants are the children of the first wife and plaintiffs 1 and 2 are the children of the second wife, Plaintiff No. 3.

(3.) The case of the plaintiffs is that Shamshamuddin Hyder died intestate and after his death, the suit property devolved upon the plaintiffs and the defendants in the ratio of 1st plaintiff 14/48; second plaintiff 7/48; 3rd plaintiff 6/48 and 1st defendant 14/48; second defendant 7/48. Since the defendants are evading partition, they filed the suit.