MODINSAHEB PEERSAHEB PEERZADE Vs. MEERABI

JUDGEMENT

(1.) THIS appeal is filed against the judgment and decree passed in O. S. No. 100 of 1989 on the file of the learned Civil Judge, Jamakhandi.

(2.) DEFENDANTS 1 to 5 and 8 to 10 in the suit are the appellants. The plaintiff and defendants 6 and 7 are respondents in the appeal. Appellants 1 to 3 are the brothers of the first and fourth respondents. The 5th appellant is the aunt of the first respondent and appellants 1 to 3. Respondents 2 and 3 are the alienees of the 5th appellant. Appellants 6 to 8 are the alienees of the second appellant.

(3.) ONE Kasimsaheb and Peersaheb are the full brothers. Kasimsaheb died on 13-11-1968 leaving behind his widow-the 5th appellant. Peersaheb died on 25-9-1987 leaving behind appellants 1 to 4 and the first respondent who are his children. 'a' schedule properties are agricultural lands situated at Kokatanur Village in Athani Taluk, 'b' schedule properties are agricultural lands situated at Tungal Village in Jamkhandi taluk, 'c' schedule properties are the house properties situated at Tungal Village in Jamkhandi Taluk and 'd' schedule properties are the movable like tractor, pumpset, gold and silver ornaments and agriculture implements. The plaintiff in the suit submits that the suit schedule properties belong to her father and after his demise, she is entitled to l/3rd share in all the properties.