JULEKHA BI Vs. JAMIL AHMED

JUDGEMENT

(1.) The unsuccessful plaintiffs who have lost from both the Courts below have filed this Second Appeal.

(2.) A Civil Suit was filed near about 30 years ago on 8-9-1981 for partition and to deliver the separate possession with certain other reliefs. The original plaintiff was one Abdul Samad who had died during the pendency of suit and whose LRs are appellants of this appeal. In the plaint, original plaintiff has pleaded that he is having 8/5th share in the suit property and the said property is of his grandfather Late Fakir Mohammad.

(3.) The written statement was filed by defendants and they refuted the plaint averments and stated that the family tree given by the original plaintiff in the plaint is not correct because plaintiffs' father Mohammad Abbas was having other sons and daughter also which the plaintiff has deliberately concealed.