SK.NAJEEB Vs. SK.KURBAN

JUDGEMENT

(1.) SK . Neyamat, son of Sk. Lodhi of village - Chandwe, District Ranchi, left behind two widows, Faizan Khatoon arid Saro Khatoon and three sons, Sk. Aklu, Sk. Heyat and Sk. Amin from his first wife and two sons, Sk. Habbu and Sk. Musa, the plaintiff, from his second wife, Sk. Aklu left behind two sons, Sk. Kurban and Sk. Yunus, defendants 1 and

(2.) SK . Heyat left behind three sons and a daughter, namely, Sk. Ahad Ali, Sk. Hanif alias Sk. Habib Sk. Dukh alias Sk. Mahabali and Mostt. Uttiman Khatoon alias Tima Khatoon, defendants 3 to 6. Sk. Amin left behind two daughters, Rejhani Khatoon and Rajidan Khatoon, defendants 7 and 8. 2. According to plaintiff, after death of Sk. Neyamat his mother was driven out from the house and was forced to take shelter in her parents, house at village Sukurhutu. She along with her son had to depend upon whatever paddy or other food qrains were given by defendants, which was also stopped later on in September (sic).

(3.) DEFENDANTS 1 and 2 filed written statement and contested the suit. They denied Saro Khatoon to be second wife of Sk. Neyamat and plaintiff as his son. They also claimed that Sk. Heyat had predeceased his father and, therefore, defendants 3 to 6 were also not entitled to any share in the suit lands. Plaintiff had no interest in the suit lands and, therefore, partition suit was fit to be dismissed.