MD. HUMAYUN Vs. MD. BELAL

JUDGEMENT

(1.) The petitioner is aggrieved of order dated 17.02.2011 passed in Title Suit No. 25 of 2006.

(2.) The petitioner is one of the defendants in Title Suit No. 25 of 2006. He is defendant No. 1 (defendant 1st set) in Partition Suit No. 80 of 2005. In the partition suit there are as many as 8 defendants; defendant No. 9 has been described as proforma-defendant. Suit schedule property in P.S. No. 80 of 2005 is a house property comprising one Pakka room, Well, two shops, courtyard and Bari at Mohalla Kund, P.O. and P.S. Daltonganj under holding No. 124, plot No. 504 area is measuring 0.09 acres. In the plaint it is pleaded that there are tenants in suit schedule property.

(3.) The petitioner is defendant No. 1 in Title Suit No. 25 of 2006, in which plaintiff in P.S. No. 80 of 2005 has been arrayed as defendant no. 2. The suit schedule property in Title Suit No. 25 of 2006 has been described as residential house within plot No. 504 at Mohalla Kund, P.O. and P.S. Daltonganj, area about 0.09 acres. Plaintiffs, as many as six in number, in Title Suit No. 25 of 2006 have laid a claim over the suit schedule property by challenging the lease-deed No. 3023 of 1994 registered on 26.08.2000. They have sought a declaration that the lease-deed dated 26.08.2000 is illegal and not binding on them.