MOHD IBRAHIM KHAN Vs. AZAD RASUL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS regular first appeal is directed against the preliminary decree for partition granted by the trial court, the District & Sessions Judge, Rajsamand dated 21st April, 2003 by which the trial court granted preliminary decree for partition and perpetual injunction in favour of the plaintiffs- respondents nos. 1and 2.

(3.) IN the trial court issues were framed whether the property in question was joint family property of the plaintiffs and defendants, whether the plaintiffs are entitled to seek partition by meets and bounds and are entitled to the possession of the property from the defendants, whether the property in dispute were given to Bhure Khan by deceased Rahim Khan in the year 1958 by oral Hibba which was followed by the memorandum of Hibba dated 6th Sept. , 1968, whether the defendants become owner of the property by adverse possession and whether the defendant no. 8 relinquished his share in the property. IN addition to above an issue for prohibitory injunction and on the question of court fees was also framed by the trial court.