- (1.) Fat No. 115 of 2013 is directed against a preliminary decree passed in the partition suit being Title suit/Case No.126 of 2007 by which share of the sole plaintiff and the sole defendant was declared at 50% each in the suit property and they were directed to effect partition amicably within three months, failing which the parties were granted liberty to apply before the learned Trial Court for effecting the partition with the assistance of Court.
(2.) Fat No. 243 of 2013 is an appeal against the selfsame preliminary decree at the instance of the sister of the parties to the suit property. She claims that she has right, title and interest in the land jointly purchased by the plaintiff and the defendant on the basis that both of them have admitted during their deposition in the suit that they utilised money left by their mother in purchasing the land. It is on this basis that she applied for leave to prefer an appeal. Both the appeals were taken up together for hearing.
(3.) The following issues were framed during the trial:- "1) Whether the suit is maintainable in its present form and in law? 2) Whether the plaintiff has any cause of action to file the suit? 3) Is the suit bad for non-joinder of necessary parties? 4) Is the suit barred by the principle of waiver estoppel and acquiescence? 5) Whether the suit property is ejmal property? 6) Whether the plaintiff is joint owners of the suit property and he is entitled to 50% share in the suit property? 7) Whether the plaintiff is entitled to get a decree of permanent injunction restraining the defendant from executing any deed in respect of his 50% undivided share of the suit schedule property? 8) Whether the plaintiff is entitled to get the decree as prayed for? 9) To what other relief or reliefs the plaintiff is entitled to get as per law and enquiry?";