MOHD AYOUB KHAN Vs. AIJAZ AHMAD

JUDGEMENT

(1.) The Civil First Miscellaneous Appeal on hand is directed against the order of Learned Additional District Judge, Baramulla dated 01.09.2009 in an application for grant of temporary injunction and appointment of receiver in a Civil Suit titled Mst. Hajra Begum (deceased) through her legal representatives v. Gulla Shah (deceased) through his legal representatives.

(2.) The background facts are as under:-

(3.) The plaintiff's case before the Trial Court was that late Ali Shah father of the original parties to the suit, left behind moveable and immoveable properties, detailed in the plaint; that the plaintiff was appointed as Dukhtar Khana-nisheen by her father and in terms of the custom governing the parties in the matter of inheritance, she was entitled to one half of the share of moveable and immoveable property left by her deceased father. The plaintiff complained that her brother -defendant in the suit despite repeated requests and demands avoided to partition the suit property and to put the plaintiff in possession of her one half share of the property, constraining the plaintiff to institute a suit for partition. The defendants are also said to have refused to account for the profits/usufructs generated by the suit property.