MD HUSSAINI Vs. MOST BIBI AMNA KHATOON

JUDGEMENT

(1.) This appeal has been filed by the plaintiffs against the judgment and decree dated 24.01.1976 passed by Shri Mohan Prasad, the learned Subordinate Judge-Ist, Munger in Title Suit No. 35 of 1974 dismissing the plaintiffs suit for partition.

(2.) The plaintiffs/appellants filed the aforesaid title suit claiming partition with respect to three houses and 10 Kathas of Parti lands described in Schedule-II of the plaint. The plaintiffs claimed five Annas 10 paise share.

(3.) The plaintiffs case in short is that the suit property belonged to Sheikh Ali Hassan. He had two wives. From first wife, Bibi Sairan, he had one son, namely, Sheikh Ghasit and one daughter, Bibi Azizan. From second wife, Bibi Naiki, he had two sons; Sheikh Hamid and Sheikh Rasid. The widow of Sheikh Ghasit, namely, Amna Khatoon is defendant No. 1. The sons and daughters of Bibi Azizan are the plaintiffs. The widow and children of Sheikh Hamid are defendant Nos. 2 to 7 and the widow and sons and daughters of Sheikh Rasid are defendant Nos. 8 to 12. The property of Sheikh Ali Hassan is joint. Hence, the suit for partition.