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1991 Supreme(All) 728

M.L.BHAT
ISHRAT HUSAIN KHAN – Appellant
Versus
ADDL. DISTRICT JUDGE, GORAKHPUR – Respondent


Advocates Appeared:
Shashi Nandan, Tarun Varma

M. L. BHAT, J.

( 1 ) THE petitioner is defendant in a suit which is pending in Civil Court at Gorakhpur. It appears that a suit for partition was brought by the plaintiffs in respect of middle portion of a house situate at Gorakhpur. The plaintiffs were Amanat Husain Khan Smt. Jannat Bibi. The petitioner was defendant No. 1 in the said suit. The respondent No. 4, who was also a defendant in the said suit, is said to be son-in-law of Amanat Husain Khan. The plaintiffs case was that one Smt. Asmat Bibi, who was mother of the petitioner and respondent No. 2 herein was the sole owner of three parts of the house in dispute. She had sold northern part of the said house to her daughter Smt. Jannat Bibi, who is respondent No. 3 here in on 26-10-1984 and by an oral gift made in 1972 she had given southern portion of the house to respondent No. 4, who is son-in-law of the respondent No. 2. The central portion of the house in dispute was said to be liable to be partitioned. The respondents Nos. 2 and 3 claimed their share from the said portion. A copy of the plaint dated 28-10-1985 is filed as an annexure to the writ petition. The petitioner, who was defendant in the said suit, denied the cor













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