Honble SHARMA, J. – Core questions which arise for consideration in the revision is whether in the case of joint decree holders, is it permissible by law for one, or more out of several decree holders to present an application for execution, and should a decree for partition be engrossed on stamp paper?

(2). These questions have emerged in the following circumstances :

BACK GROUND FACTS

(i) One Shri Ahmed Ali expired leaving behind him three sons, namely, Mohd. Ali, Iftikar Ali and Shaukat Ali. The property in dispute belonged to Late Shri Ahmed Ali. Shaukat Ali, after the death of Ahmed Ali, instituted a suit for partition of the property against Mohd.

Ali and Iftikar Ali, which was decreed on 3.3.1971.

(ii) Mohd. Ali thereafter, expired. Smt. Mehbubunnisa, petitioner, applied for the execution of the partition decree on or about 19/23.8.1980, claiming her the legal representative of late Mohd. Ali, as Smt. Afifunissa wife of late Mohd. Ali, had also expired and she being the daughter of late Mohd. Ali, was entitled to obtain possession of the property which came to her share.

(iii) In the execution petition mentioned hereinabove, Iftikar Ali raised objection that late Mohd. Ali in whos

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