HAFIZ MOHD ANWAR Vs. MOHD ZUBAIR ALAM

JUDGEMENT

(1.) THIS appeal by the plaintiffs is directed against an appellate order of remand.

(2.) BY an order dated 19th April, 1989, notices were issued in the admission matter to the respondents to show cause as to why this appeal, if possible, be not disposed of the admission stage itself.

(3.) THE suit in question was filed by the appellants (i) for a declaration that tamliknama, comprising the properties described in Schedule A of the plaint dated 9th June, 1976 executed by their father Hakim Md. Ismail (Exhibit K) is void and not binding on them, and (ii) for granting a decree for partition of their alleged shares to the extent mentioned in the plaint comprising the properties described in Schedules 6 and 7 and (iii) for carving out of the takhta by appointing an Advocate Commissioner. THE appellants alleged that they and the defendant Nos. 1 and 2 are sons of aforementioned Hakim Md. Ismail, who had two wives; that from his first wife defendant No. 1 Md. Zubair Alam was born and that from the second wife Bibi Salma Khatoon he had three sons (the plaintiffs and the defendant No. 2) and three daughters (defendant Nos. 3 to 5); that Hakim Md. Ismail executed two sale deeds (Exhibits-3 and 3/a) in favour of the plaintiffs Nos. 1 and 2 respectively comprising the properties described therein mentioned in other Schedules of the plaint; that Ismail in lieu of dower debt executed a deed of Baimokasa in favour of his wife Bibi Salma Khatoon comprising the properties described in Schedule 6 of the plaint, which came in the joint possession of the plaintiffs and defendant Nos. 3 to 5 who were the legal representatives of Salma Khatoon aforementioned ; that the tamliknama deed was brought fraudulently by defendant No. 1 by misleading the father and it remained inoperative and ineffective and under the said deed, the defendant No. 1 did not acquire any right and the tamliknama coveted also some properties which were already subject-matter of their sale deeds.