BABUSAB Vs. MANIKSAB

JUDGEMENT

(1.) THIS is a defendants second appeal against the concurrent finding recorded by the Courts below that the schedule properties are all Shetsanadi lands pertaining to Walikarki service which was granted in favour of Peersab, the father of defendants which enure to their benefit and therefore the plaintiff is entitled to half share in the property which was re-granted in favour of Peersab.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the plaint.

(3.) IN para 3 of the plaint, the genealogy is set out. According to the genealogy, Imambu wife of Peersab Valikar had two daughters by name Fatobi and Rajabi. They were married. Imambu wife of Peersab Walikar prior to the death made a gift of the suit lands in favour of her aforesaid daughters namely Fatobi wife of Fakrusab Mullur and Rajabi wife of Gaususab Mohadinsabannavar and along with delivery of possession executed a gift deed dated 28.7.1927 and got it duly registered. The gift deed recites that the two donees are the only heirs to her and she has by this deed constituted the two donees as absolute owners of the property. Fatobi died leaving behind her only one son the plaintiff and Rajabi also died leaving behind her only one son Peersab and his widow Roshanbi. Defendants 1 to 5 are the children of Peersab. Besides the plaintiff Fatunbi has left behind her one daughter Kasimbi.