LAW FOR ALL

The trial Court dismissed the suit on the ground that during the life time of father himself there was a partition of properties and though the defendants have set up a claim that there is a partition list, the trial Court dismissed the suit mainly relying on the evidence available on record that there is a partition during the life time of their father himself and he has allotted 44 sq yards for each of the four sons as the daughters said to have relinquished their rights by executing a registered relinquishment deed. - It is true that partition list and the relinquish deed is not filed, and if that is the case, the suit filed by the plaintiff is not maintainable for non-joinder of the daughters as parties inasmuch as according to the plaintiff the daughters are also entitled for their share. I am of the opinion that though the trial Court discussed about the partition list and the relinquish deed, mainly relied on the division of the said property during the life time of the father and held that the said division and allotment shall be treated as oral gift, and in fact, each of them are in separate possession and enjoyment of their 1/4th share. For the foregoing reasons, I do not see any question of law much less a substantial question of law that arise for consideration in this Second Appeal. The Second Appeal is accordingly dismissed. No costs.