AISHA Vs. SALEEMA BANO AND ORS.

JUDGEMENT

(1.) Letters Patent Appeal on hand is directed against the Appellate Court Judgment dated 18th July 2006 in Civil 1st Appeal No. 52/2004, titled Mst. Aisha v. Mst. Saleema Bano and Others, whereby appeal has been dismissed and judgment and decree of Trial Court dated 26th February 2004 upheld. It would be appropriate to take, in the first place, an overview of the facts and events that have led to filing of LPA on hand.

(2.) Late Khaliq Bhat and Sidiq Bhat sons of Late Ahmad Bhat, residents of Natipora, Srinagar ran a joint business. They purchased landed property from the proceeds of the business. However property was purchased only in name of Sidiq Bhat. The love and harmony between two brothers and their families did not last long. They got entangled in a dispute regarding partition of the property purchased from profits earned from joint business, as also ancestral property jointly owned by them.

(3.) Mst. Saleema-respondent No. 1 in the present appeal daughter of Khaliq Bhat, on 14th April 1993 laid a suit for partition and possession against Mohammad Yousuf Bhat and other legal heirs of Sidiq Bhat. Her case was that the suit property was joint and un-partitioned between the parties and she as descendant of Khaliq Bhat, was entitled to a share out of the suit property. She prayed that her share in the suit property be determined, the property partitioned by metes and bound and she put in possession of her share in the joint property.