( 1 ) ON December 15, 1952, one Hafiz Abdul Basit instituted a suit for possession by partition, rendition of accounts of the rents and mesne profits and recovery of the amount found due on rendition of accounts. The suit was filed against 13 defendants.

( 2 ) THERE was a common ancestor of the plaintiff and defendants 1 to 8. His name was Hafiz Karim Baksh. He died in the year 1904. One of his sons was Sheikh Abdul Haq who died in 1922 possessed of an undivided 1/6th share in the estate which he held as tenant in common with the other heirs of his father. On his death this undivided share was inherited by his widow Mst. Kulsum-un-Nisa and his son Sheikh Mohd. Daud in moiety of 1/8th and 7/8th respectively. There was another son of Hafiz Karim Baksh, Sheikh Hafiz Abdul Khaliq by name. The plaintiff and defendants 1 to 9 are the sons, daughters and the widow of Hafiz Abdul Khaliq. In 1916, a suit was instituted for partition of the estate of the common ancestor Hafiz Karim Baksh which was decided by the Senior Sub Judge, Delhi on August 26, 1926. A partition decree was passed and under this decree the property detailed in Schedule 1 Column a attached to the plaint