BALAWWA Vs. HASANABI

JUDGEMENT

(1.) Delay condoned in filing application for substitution. Substitution allowed.

(2.) Leave granted.

(3.) A suit for partition having been filed in respect of four items of properties, i. e. , two house properties and two other landed properties, the learned trial Judge granted a decree in favour of the plaintiff to the extent of 15/32 share. Defendants Nos. 1 and 3, who are the widow of the son of the original tenant - Imamsab and the husband of one of the daughters of Imamsab, claimed their exclusive title in respect of the two items of landed properties, namely, land bearing Survey Nos. 7/2 and 152/1, on the basis of an order passed by the Land Tribunal under Section 48-A of The Karnataka Land Reforms Act 1961. The learned trial Judge rejecting the claim of the defendants' exclusive right and title, granted a decree for partition.