MD.AMIN Vs. MD.YASIN @ YASIM MIAN

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THIS appeal has been preferred at the instance of defendants -appellants against: the impugned order dated 5.3.2003 by Sub -Judge VIII in Title Partition Suit No. 41 of 1997 whereby and whereunder the petition of the plaintiffs -respondents to appoint receiver in respect of the suit property was allowed, though the said impugned order does not speak regarding the appointment of any receiver therein. It has been submitted by the learned counsel for the appellants that the suit property is the self -acquired property of original defendant Abdul Kadir, the natural father of the parties to this case and the respondents cannot have any right and title in respect thereof in the life time of Abdul Kadir and, therefore, the question of any appointment of receiver does not arise in this case.

(3.) THE respondents have filed Title Suit No. 41 of 1997 for metes and bounds partition of the suit property impleading Abdul Kadir as a party defendant.