HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 22367 of 2011 Petitioner :- Salim Khan Respondent :- Sri Ameeruddin And Others Petitioner Counsel :- Madhav Jain Hon'ble Rajes Kumar,J.
The petitioner has filed a suit for partition, possession and damages against the defendants on the ground that he has purchased the property in dispute in the year 1993 from one co-sharers having 1/3rd share over the property. The suit was filed in the year 1993. The written statement has been filed and the pleadings have been completed in the year 2006. One of the defendants, Ameeruddin filed an application under Section 4 of the Partition Act (hereinafter referred to as the ("Act") on the ground that the property in dispute is a dwelling house and is ready to purchase the portion of the property which has been sold to the plaintiff-petitioner. The petitioner filed objection. In paragraph-5 of the objection, it is stated that Nizamuddin has transferred the portion in his possession to Sri Ansar and Faiyaz and Amiruddin has also transferred by sale portion in his possession to Nafix Ali. These sale deeds are also 10 years old and, therefore, Ameeruddin has no right to move an application under Section 4 of the Act. The trial court has allowed the application under Section 4 of the Act without considering the objection of the petitioner. The revisional authority has also dismissed the revision.
The matter requires consideration.
Issue notice to the respondents returnable at an early date. The petitioner may take steps to serve the respondents within 10 days.
List in the week commencing 23.5.2011.
Till the next date of listing, the further proceeding in Suit No. 120 of 1993 (Salim Khan Vs. Ameeruddin) pending before the Civil Judge (Senior Division), Firozabad shall remain stayed.
Order Date :- 19.4.2011 OP