MOHD. NASEERUDDIN AHMED KHAN Vs. HABEEBUNISSA BEGUM

JUDGEMENT

(1.) The present appeals have been directed against order dtd. 15/2/2022 in I.A.Nos.534 of 2021 and 218 of 2021 in O.S.No.182 of 2006 on the file of X Additional District and Sessions Judge (Fast Track Court), Ranga Reddy District (hereinafter referred to as 'Court below'), wherein and whereby, the applications filed by defendant Nos.52 to 59 and defendant Nos.1, 27 to 32, 41, 43 to 47 for rejection of plaint under Order VII Rule 11 of the Civil Procedure Code (for short 'CPC') were allowed and consequently, the plaint was rejected.

(2.) Challenging the order dtd. 15/2/2022 in I.A.No.534 of 2021 in O.S.No.182 of 2006, the plaintiffs filed A.S.No.109 of 2022, defendant Nos.10 and 11 filed A.S.No.270 of 2022, defendant No.4 filed A.S.No.319 of 2022 and defendant Nos.39 and 40 filed A.S.No.325 of 2022 before this Court. Similarly, challenging the order dtd. 15/2/2022 in I.A.No.218 of 2021 in O.S.No.182 of 2006, the plaintiffs filed A.S.No.107 of 2022, defendant Nos.10 and 11 filed A.S.No.274 of 2022, defendant No.4 filed A.S.No.320 of 2022 and defendant Nos.39 and 40 filed A.S.No.331 of 2022 before this Court. For the sake of convenience, the parties are hereinafter referred to as they were arrayed in the suit.

(3.) The case of defendant Nos.52 to 59 and 1, 27 to 32, 41, 43 to 47, who are petitioners before the Court below, is that they are descendants of Mohd. Moinuddin Khan and the suit properties were purchased by their ancestor Late Mohd. Moinuddin Khan and they are their matruka property and such properties were purchased by said Mohd. Moinuddin Khan, out of his self acquisition. They denied existence of any joint family and that the suit properties are joint family properties. According to them, there is no concept of joint family and joint family property in Mohammedan Law and the plaintiffs filed suit for partition claiming property as matruka property and joint acquisition from joint family funds. Hence, the same is not maintainable. According to them, the suit for partition lies only among the descendants of Mohd. Moinuddin Khan and not in between Mohd. Moinuddin Khan and his brothers. Further, it is there contention that there is no cause of action for the suit and the same is not maintainable under the Mohammedan Law and prayed to reject the plaint.