SAYYED MINHAJUL HASAN Vs. MAJHAR AARA BEGUM

JUDGEMENT

(1.) In this appeal, the appellants/defendants have assailed the validity of the decree dated 23.11.2006 passed in Civil Suit No.1A/2006, by which the claim of respondents No.1 and 2 /plaintiffs has been decreed.

(2.) Facts giving rise to filing of the appeal briefly stated are that the plaintiffs filed a suit on the ground that they are daughters of Sayyed Mahbubul Hasan, who was owner of the suit lands. It was further pleaded that the plaintiffs had two brothers one of whom is citizen of Pakistan whereas another namely Sayyed Manjurul Hasan died in the year 1978. The plaintiffs' father expired sometime in the year 1973. It was further pleaded that as per the Muslim Law of inheritance, by which the parties are governed, the plaintiffs have one-fourth share each in the suit lands whereas their brother namely late Manjurul Hasan had half share, which devolved on defendants No.1 to 6 on his death. The defendants filed the suit seeking the relief of declaration of title and partition.

(3.) In the written statement, the defendants interalia pleaded that Sayyed Anvarul Hasan i.e. brother of the plaintiffs, who is citizen of Pakistan sometime in the year 1980 came to Seoni and got his name and plaintiffs' name mutated in the revenue records. It was further pleaded that the suit filed by the plaintiffs is barred by limitation and the reliefs claimed in the suit have not been properly valued.