NATHUNI MIAN Vs. AMIR HUSSAIN

JUDGEMENT

(1.) This is a defendants' Letters Patent Appeal in a suit for declaration of title on the basis of two sale deeds dated 14th November, 1979 (Ext. 2 & 2/a) executed by one Sarifan Bibi, who was entitled to 1/2 share in their favour and the plaintiffs became owner of the property to the extent of 1/2 share and there was some dispute in cultivation, hence it was imperative that 1/2 share be partitioned. Consequently the relief for partition was also asked alongwith relief for declaration.

(2.) The factual matrix of the case is contained in the averments of the plaint. Suit properties belonged to one Budhan Mian father of defendant No. 1 and Nabi Hussain Mian. The plots were recorded in the survey settlement in the name of Budhan Mian as 3/4 share and Nabi Hussain Mian as 1/4 share. After the death of Budhan Mian, his son Nathuni Mian and daughter Sarifan Bibi became the surviving heirs entitled to 1/2 share each Smt. Sarifan Bibi executed two sale deeds of her 1/2 share in favour of plaintiff Nos. 1 and 2 but their possession was objected by the defendants-appellants and it was difficult to cultivate 1/2 share separately hence necessity for the suit arose.

(3.) The suit was contested by the defendants 1 to 10 by filing a written statement denying the plaintiffs' allegations but later on defendant Nos. 6 to 10 filed a fresh written statement almost accepting the claim of the plaintiffs.