UMERKHAN Vs. BISMILLABI ALIAS BABULAL SHAIKH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, has been preferred by the original 1st defendant against the judgment of the High Court of Judicature of Bombay, Aurangabad Bench whereby the learned Single Judge of that Court reversed the judgment and decree passed in the appeal by the Additional District Judge, Osmanabad and restored the judgment and decree of the trial court.

(3.) Sardar Khan was the owner of a property bearing land Block No. 386 and House No. 206 situate at Mangrul, Taluqa Kallam, District Osmanabad. He died in 1948 leaving behind a son -- Umerkhan and two daughters--Bismillabi and Aminabi. Both daughters were minor at the time of the death of their father. They got married later. Bismillabi (hereinafter referred to as, 'plaintiff') filed a suit for partition and separate possession to the extent of 1/4th share in the above property against her brother Umerkhan (hereinafter referred to as, '1st defendant') and her sister Aminabi (hereinafter referred to as, '2nd defendant'). The plaintiff's case in the plaint was that as per the Muhammadan Law, the 1st defendant has 1/2 share while the 2nd defendant like her has 1/4th share in the suit property.