TARKESHWAR NATH, H.MAHAPATRA
Sk. Md. Zafir – Appellant
Versus
Sk. Amiruddin – Respondent
Tarkeshwar Nath, J.
1. This appeal by the plff. arises out of a suit for partition of 225/1018 share in the properties described in Schedules 1 and 2 of the plaint. He further asked for a declaration that the deed of partition dated 19-4-1917 was null, void and ineffective. Plaintiff wanted a decree for rendition of account against defendant 1 from the date of the death of Sheikh Reazat Hussain till the date of the suit. It appears that Asghar AH was the father of Sheikh Reazat Hussain and the latter married twice. Reazat Hussain had, from his first wife Tabizun-nissa, five sons, viz. , Habibul Haque, Amiruddin (defendant 1), Sheikh Gulsan, Sheikh Shakoor, and Sheikh Md. Isa, and one daughter Wahidun-nissa, married to Sheikh Sadaruddin (defendant 5 ). The first wife had died during the life time of her husband and, out of the five sons, four sons as well, died during the life time of their father. Mosammat BUM Makirunnissa (defdt 6) is the wife of defdt.1 and Abdul Rahman, Abdul Aziz, Abdul Rauf, Md. Fazlul Rahman and Abdul Bari (defendants 7 to 11) are the sons of defendant 1. Bibi Sabudan was the second wife of Reazat Hussain and, through her, Reazat Hussain had four sons
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