LAWS(PAT)-1996-3-65

SK KAMRUDDIN Vs. SK AJIMUDDIN

Decided On March 19, 1996
Sk. Kamruddin Appellant
V/S
Sk. Ajimuddin Respondents

JUDGEMENT

(1.) The plaintiffs-petitioners filed Partition Suit No. 99 of 1980 'for' partition of their 1/4th share in the properties detailed in Schedule B to the plaint.

(2.) According to the plaintiffs, Sk. Rojan had four sons, Sk. Hassan Ali, Sk. Amar Ali, Sk. Kigan and Sk. Pachu. The plaintiffs are the four sons and one daughter of Sk. Panchu, whereas the defendants 1 to 8 are the descendants of Sk. Hassan Ali the defendants 9 to 12 and 19 are descendants of Sk. Amar Ali and the defendants 13 to 18 are descendants of Sk. Bigan, Defendant No. 13, Sk. Dilawar is said to be the son of Sk. Bigan from his first wife Pariba.

(3.) According to the defendants 14 to 17, Sk. Rojan had five sons and the plaintiffs omitted one of his sons, namely Sk. Rahim, who was married with Pariba and died issue-less. Thereafter, Pariba got a son Sk. Dilawar from one Sk. Sahijan. Neither Pariba was the first wife of Sk. Bigan, nor Sk. Dilwar is his son and both of them had no interest in the suit properties.