SMT. FATIMA Vs. SMT. HUSAINBI

JUDGEMENT

(1.) Challenging the Judgment and Decree dated 08.02.2013 passed by the Principal Senior Civil Judge and JMFC Court, Hospet, in R.A.No.45/2012, this appeal is filed by the plaintiffs. The appellants herein were plaintiff Nos.1 and 2 in O.S.No.48/2011, respondent Nos.1 and 2 in R.A.No.45/2012. The respondents herein were defendant Nos.1 to 3 in the suit and appellant Nos.1 to 3 in R.A.No.45/2012. The parties will hereinafter be referred to as per their respective ranks before the trial Court.

(2.) Brief facts leading to this appeal are that, the plaintiffs filed O.S.No.48/2011 against the wife and children of their brother Sri. Fakirsab, seeking for partition and separate possession of l/4th share each out of the suit schedule properties of their father - Sri. Gurusab @ Gudusab. It was stated in the plaint that the propositus one Sri. Janglisab died about 50 years back. He had two sons i.e. Gurusab @ Gudusab and Jummavu. Jummavu died during 1970 unmarried and without any issues. Gurusab died in the year 1980. His wife Yamanbee had predeceased Gurusab. They had one son and two daughters namely Fakirsab, Allevva and Fatima. Their brother Fakirsab died in 2008 leaving behind his wife Hussainbi, and children Subansab and Mahabusab. The plaintiff and the defendants are Mohammedans. They stated that the suit schedule properties were the immoveable properties of Gurusab. As on the date of death of Gurusab, the plaintiffs and Fakirsab were the only legal heirs. As per Mohammedan Law, in case of partition between sons and daughters, each son takes double the share of daughter. Therefore, the plaintiffs filed suit claiming l/4th share each in the property belonging to Gurusab.

(3.) On service of suit summons, defendants filed written statement admitting relationship and also that the suit properties were owned by Sri. Gurusab. The trial Court on consideration of the pleadings, framed following issues for its consideration: