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1989 Supreme(Del) 50

Y.K.SABHARWAL
SHEIKH MUKARRAMUDDIN – Appellant
Versus
SHEIKH MUKARRAMUDDIN – Respondent


Advocates Appeared:
M.Ahmed, MAEHSVAR DAYAL, P.R.Monga

Y. K. Sabharwal, J.

( 1 ) THE short question for determination in this case is: Whether the award dated 6th May, 1987 directs partition? The award was made by Sheikh Mukarramuddin. It was filed in Court and by orders made on 8th Sept. , 1987 in the suit, the award was made a rule of the Court With a direction that decree be drawn in terms thereof.

( 2 ) THE award made by the arbitrator on 6th May, 1987 was in respect of disputes and differences between Sheikh Rahimuddin husband of Mst. Zobra Begam, his two sons Sheikh Abidis and Javed Kamal and two daughters Talat Jamal and Nahid Jamal. Mst. Zohra Begam according to the award died in Delhi on 6th July, 1986 and had orally devised and bequeathed her properties in favour of her sons and daughters HI shares which they would have inherited according to Muslim Law of Succession. The award, also states that her husband Sheikh Rahimuddin had accepted the will of Mst. Zohra Begam by his. Release deed dated 4th March, 1987. By the award the arbitrator held that according to the will of Mst. Zohra Begam. Badrul Alidin, Javed Kamal, Talat Jamal and Nahid Jamal became owners of certain immovable properties, details of which have been given in







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