RAMANAND Vs. HASIM MIAN

JUDGEMENT

(1.) This application by the defendants second party is directed against order dated 26-11-84, by which the court below held that the application filed by the plaintiff under S.4 of the Partition Act (hereinafter referred to as 'the Act') was maintainable at the stage of preparation of the final decree land directed the office to proceed in accordance with the procedure laid down under S.3 of the Act.

(2.) The short question for consideration in the instant case is whether a similar earlier application, filed during the pendency of the suit, having not been allowed, could the court reconsider the second application under the very same Section, i.e., under S.4 of the Act and hold it to be maintainable ?

(3.) Shorn of all other details, only a few relevant facts need to be stated. The Title Suit No. 16 of 1980 was originally filed by one Bibi Sakina for a declaration that the sale deed dated 27-10-78, executed by one Asraf Ali (since deceased) in favour of defendant second set/petitioners, was illegal and void and that Asraf Ali had no right to execute the sale deed with respect to the plaintiff's share and as such the defendants second set/petitioners did not acquire any title, muchless any valid title by virtue of that sale deed.