MD. SARIF Vs. MD. MAHAMOOD

JUDGEMENT

(1.) The appellant/plaintiff since deceased had filed a suit for partition and accounts against the defendant no.1. He alleged that one Sk. Gaffar alias Sk. Gafur was the father of the defendant no.1 and himself. Khairan Bibi was their mother. The property being holding no. 40, Hara Charan Mukherjee Lane, P.S Howrah, belonged to their parents. Sk. Gaffar died on 10th January, 1967 leaving him surviving his wife Khairan Bibi, his sons Md. Mansur, the plaintiff and the defendant no.1 as his heirs who inherited the suit property. Khairan Bibi died on 21st February, 1981.

(2.) According to the plaintiff the said property came to be inherited equally by the defendant no.1 and himself since their said elder brother Md. Mansur had died in the year 1986 without leaving any issue, his wife having pre-deceased him. Hence the suit wherein the said property is the subject matter.

(3.) The defendant no.1 resisted the claim of the plaintiff on the allegation that the plaintiff was not his brother. According to the defendant no.1 the plaintiff was the son of one Peer Md. and not of his parents Sk. Gafur and Khairan Bibi. The defendant no.1 alleged that his father the said Sk. Gafur had two sons, Md. Mansur and himself as well as two daughters Amina Khatun and Sahidun Bibi who together inherited the suit property. The defendant no.1 however did not dispute that Md. Mansur had died issueless. It appears that thereafter the plaintiff caused amendment to his plaint by, inter alia, adding the defendant nos. 2, 3 and 4 being respectively the two sisters and the son of Md. Mansur which was not disputed by the defendant no.1 in his additional written statement filed thereafter.