MAHAMMAD NASSAIR Vs. MAHAMMAD YUSUF

JUDGEMENT

(1.) The plaintiff appellant had filed a suit out of which the present appeal arises for partition of certain items of property on the allegation that they were held jointly with the defendants. Objection was raised on behalf of some of the defendants in respect of some of the properties alleging that such properties were not divisible ones. The suit has been decreed in part.

(2.) In the present appeal the plaintiff appellant had originally raised only one question.

(3.) The property described as item No. 7 is premises Nos. 20, 20/1 and 21 Beliaghata Main Road. The plaintiff claimed that this was a joint property. The defendants' case, on the other hand, was that this property was made Wakf under a registered deed of Wakf-al-Aulad exe-cuted on 14-4-1920, which has been marked as. Exhibit A in the case. The learned Subordinate Judge accepted the case as made by the defendants and dismissed the plaintiff's claim in respect of this property.