MD SANJER ALI Vs. BIBI HASINA KHATOON

JUDGEMENT

(1.) THE revision application is directed against the order dated 25.9.2006 passed by the Subordinate Judge - Ist, Munger in Title Suit No. 46 of 1961, by which the objection petition of the petitioners dated 18.9.2006 was disposed of directing the office to ask the Pleader Commissioner to ascertain and carve out a separate Takhta of the respective parties.

(2.) THE short facts leading to the impugned order are that in the year 1961 Title Suit No. 46 of 1961 was filed. The hairs of plaintiff Sk. Md. Yusuf alias Gafoor are opposite party Nos. 6 to 20 in the present matter. In the said suit the properties were delineated in three Schedules of the plaint: Schedule -1 relating to the land and house property of Bibi Rasulan Nissa, Schedule 1(c) property of the plaint is related to Bibi Rasulan Nissa and Bibi Khodaija and Schedule -1 (b) of the plaint is the vested Zamindari interest of Bibi Rasulan Nisa.

(3.) BY judgment and decree dated 4.4.1967 it was held that the deed of gift dated 18.5.1952 (Ext. A) is genuine and valid and it was further held that defendant No. 1 abundantly proved that the deed of gift was acted upon and the suit was decreed on contest in part. It was held that the plaintiff had got cause of action to bring the instant suit with regard to the properties mentioned in Schedule -1(a) of the plaint, except the house appertaining to item Nos. 2 and 5 under the heading "Sarahat Makanat Izmal" so far as the share of Mostt. Bibi Khodaija in them is concerned and not in respect of the remaining disputed properties and, as such, he will get his share in the same partitioned. Accordingly, it was directed that the Pleader Commissioner would be appointed in future proceeding for carying out a separate patti with regard to the share of the plaintiff in respect of the properties in Schedule -I(a) except the house pertaining to Item Nos. 2 and 5 under the heading 'Sarahat Makanat Izmal ' and while doing so he would try to allot the properties disposed of by defendant No. 1 in the share of defendant No. 1.