ABDUL HANNAN SHEIKH Vs. ABDUL MANNAN SHEIKH

JUDGEMENT

(1.) The present appeal has been preferred impugning the order dated 22.05.2014 passed in Title Partition Suit no.21 of 2013 by the learned Civil Judge(Sr.Division) -I, Pakur whereby the prayer of the plaintiff/respondent for appointment of receiver, under Order 40 Rule 1 of Code of Civil Procedure, has been allowed.

(2.) The plaintiff/respondent had instituted the suit seeking declaration that the suit property was the joint property and a preliminary decree declaring that after excluding 1/8 th share of the defendant no.2, the plaintiff and defendant have equal share in the suit property being double the share of defendant nos.3 and 4 and preparation of a final decree carving out 1/8 th share in suit property separately in favour of defendant no.2 and out of the remaining property 2/6th share each be allotted to plaintiff and defendant no.1 and 1/6th share each to defendant nos.3 and 4. Prayer was also made for directing defendant no.1 to produce Books of accounts and accounts of profit of the Hotel, i.e. the suit property, with declaration that the plaintiff is entitled to receive the amount or share with interest in the profit of the Hotel business.

(3.) The appellant/defendant No.1, in his written statement denied that the suit property, i.e. Hotel Samrat, was a joint property. It is averred that the suit property exclusively belongs to the plaintiff/defendants 2 and 3 had no right, title or interest in the suit property.