KARIM vs Hajyani HANIFA AND 4 Other — 1970 PLD 613

Citation: 1970 PLD 613

Court: Sindh High Court

Year: 1961

Decision Date: 1961-01-19

Parties: KARIM vs Hajyani HANIFA AND 4 Other

Headnotes

Case cited as PLD 1970 Karachi 613

Judgment Text

Court Name: Sindh High Court Judge(s): Malik Rustam Kayani, Illahi Bakhsh Khamisani Title: KARIM vs Hajyani HANIFA AND 4 Other Case No.: First Appeal No. 83 of 1958 Date of Judgment:1961-01-19 Reported As: PLD 1970 Karachi 613 Result: Appeal dismissed JUDGMENT JUDGMENT KHAMISANI, J.----This is an appeal filed against the judgment of the learned II Additional District Judge, Karachi, dismissing the suit filed by the appellant. 2. The facts giving rise to this appeal are that one Hap Habib died on 16th March 1954, leaving three sons, Karim (appellant), Haji Saleh Muhammad and Haji Usman and two daughters, Fatma Bai and Sarah Bai and a widow Hanifabai as heirs. He was alleged to have left a house in Okhai Memon Housing Society valued at Rs. 20,000, two washing and dyeing factories valued at Rs. 11,000 and ornaments and other house--hold articles valued at Rs. 31,630. The appellant-plaintiff being the eldest son of Haji Habib filed this suit on 31st August 1955/ 1st September 1955, for partition of the said joint property. He claimed 14/64 share in the property. He also claimed mesne profits at the rate of Rs. 250 per month. 3. The respondents-defendants resisted the claim of the appellant-plaintiff and stated that he was not entitled to anything out of the said property. According to the written statement filed by them, for the ownership of the house in Okhai Memon Housing Society, Haji Habib had nominated his wife, Mst. Hajiani Hanifa, under the Bombay Co-operative Societies…

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