JAVARAIAH AND ORS. Vs. A. LAKSHMINARAYAN

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree dated 01.09.2012 passed in O.S.No.2294/2008 on the file of XXXVII Additional City Civil and Sessions Judge (CCH No.38), Bengaluru city, in dismissing the suit.

(2.) The parties are referred to as per their original ranking before the Trial Court as plaintiff and defendant in order to avoid confusion and for convenience of the Court.

(3.) The factual matrix of the case is that the land bearing Sy.No.7/4B measuring 3 acres 15 guntas situated at Chikkabettahalli Village, Yelahanka Hobli, Bengaluru North Taluk was the property of one Sri Lal Ahmed Sab. He was having six sons. After the death of Lal Ahmed Sab, 1 acre 15 guntas of land was transferred in the name of his fourth son viz., Rahim Sab in the revenue records on the consent given by his other brothers. Thereafter, the said Rahim Sab was in possession and enjoyment of the above said 1 acre 15 guntas of land. After the death of Rahim Sab, his son Syed Gani has succeeded to the same as his legal heir. After the death of Syed Gani, his wife Smt.Jaahira Bi, was in possession and enjoyment of the said land. Said Syed Gani had six sons among them one Syed Amanullah was his first son and he has inherited the said 1 acre 15 guntas of land through Panchayath Parikath. On the strength of the same, khatha of the said land was transferred in his name as its owner.