LAWS(KAR)-2021-3-165

ABDUL WAHAB Vs. RAHAMATHUNNISSA

Decided On March 19, 2021
ABDUL WAHAB Appellant
V/S
Rahamathunnissa Respondents

JUDGEMENT

(1.) This is a second appeal by the defendants.

(2.) The plaintiff/respondent filed a suit seeking for declaration that she was the owner of the land bearing Sy.No.10 of Chikkaganjur Village measuring eight acres. It was her case that she was the daughter of C.M.Jaffer Sheriff and defendants 1 and 2 were the sons of said C.M.Jaffer Sheriff. She stated that her father C.M.Jaffer Sheriff had executed a registered Will dated 17.02.1976 in her favour and thereafter passed away on 02.03.1976. She stated that on the death of her father C.M.Jaffer Sheriff, the bequest came into effect and she had become the owner.

(3.) This suit was resisted by the defendants contending that the Will set up by the plaintiff could not be accepted since C.M.Jaffer Sheriff was in no position to execute a Will. They categorically denied the execution of the Will. They also set up the contention that the suit property had in fact being gifted to them by C.M.Jaffer Sheriff in the year 1976 itself and they had thus become owners of the suit property.