HALIMA Versus MUHAMMAD RAMZAN

ORDER

ABDUL KADIR SHAIKH, J.‑ ‑Dispute in this case relates to partition of property bearing survey No.79, Sheet No.LY.12. Karachi measuring about 657 square yards which belonged to Ahmed s/o Haji Jumma and was inherited, after his death, by his two sons Ali Muhammad and Muhammad Usman. Both the sons died later on; Ali Muhammad left the petitioner, his daughter, and two sons, respondents herein; and Muhammad Usman left four sons and three daughters who are not parties to these proceedings.

2. Petitioner filed a suit for partition and accounts against her brothers, respondents herein, in respect of the aforesaid property. The trial Court passed a Preliminary Decree in petitioner's favour and appointed a Commissioner for settlement of accounts. On appeal by respondents, the judgment and decree passed in petitioner's favour was however set aside by the Additional District Judge, Karachi. Petitioner's revision application in Sind Court failed and she now seeks leave to appeal.

3. Learned counsel for the petitioner submits that the first appellate Court and the High Court have misread the evidence that petitioner admittedly is in possession of 40 square yards of land from the privately partitioned area and has given effect to an alleged private partition to which petitioner was not a party.

4. These submissions amongst others deserve consideration. Leave is granted.

M.I. /H‑33/S Leave granted.