SAJID Vs. ZARINA

JUDGEMENT

(1.) The suit filed by the respondent-plaintiff was decreed by the trial court, vide judgment and decree dated 10.02.2012, and as even the appeal preferred against the said decree failed and was dismissed on 06.09.2017, the defendants are before this Court in Regular Second Appeal. Parties to the lis, hereinafter, shall be referred to by their original positions in the suit.

(2.) The plaintiff prayed for a decree for possession by way of partition to the extent of 2/5th share in the suit property, i.e. a house measuring 53 square yards bearing Municipal Property No. B-XIV/257, shown with letters 'ABCD' at mark X in the site plan attached with the plaint, as also a house and a shop measuring 43 square yards bearing Municipal Property No. B-XIV/308 shown with letters 'ABCDEF' at mark Y in the said site plan. Further, for injunction restraining defendants No. 1 to 6 from alienating any specific portion of the joint property.

(3.) In brief, the case set out by the plaintiff was that originally Abdul Aziz was the owner of the suit properties, who died in the year 1956. The deceased had two sons, namely Abdul Wahad and Abdul Hameed and five daughters. Khatiza Begum wife of Abdul Aziz and his daughters, namely Kubran, Maryiam, Ulfat and Walkish died during his lifetime. Parties were governed by Mohammedan Law in the matter of succession, alienation and inheritance, as a result, on death of Abdul Aziz, Abdul Wahad and Abdul Hameed became owners of the suit property to the extent of 2/5th share each in the suit property, and the rest l/5th share devolved upon Sairan, daughter of Abdul Aziz. However, as Abdul Wahad, Abdul Hameed and Sairan had also passed away, plaintiff being daughter of Abdul Hameed, defendant No.l being widow of Ahad, defendants No. 2 to 6 who were his sons and daughters, and defendants No. 7 to 12 being sons and daughters of Sairan succeeded them respectively. For Hussaina wife of Abdul Hameed had also died, so plaintiff inherited her estate. As plaintiff did not wish to keep her 2/5th share joint with the defendants, thus the suit.