(1.) THIS first appeal is by defendant Nos. 1, 3 and 5 in the suit challenging the finding of the trial Court, whereby the trial Court has decreed the suit of the plaintiff holding that she is entitled for 1/12th share in respect of the properties shown at Sl. Nos. 1 and 2 of the schedule -A. I have heard the learned Counsel for the parties and perused the judgment of the trial Court.
(2.) IT is not in dispute that one Mariambi Abdul Latif Chikodi had two sons and four daughters namely, Mazahar, Bashir, Mubarak, Naima, Nasir Ahmed and Farahat. Her first daughter Naima filed a suit in O.S. No. 115/1994 against her two brothers and three sisters for partition and separate possession of her 1/12th share in the suit properties.
(3.) IN response to the summons issued to the defendants in the suit, only defendant Nos. 2 to 4 entered appearance and filed their written statement contending that the description of the suit property as given by the plaintiff is wrong, admitting the relationship between the parties and denying that their deceased mother had kept amount acquired out of her service in the Muslim Bank as well as in the Canara Bank and out of that Mini Truck and gold has been purchased by them. They denied that the plaintiff is entitled for the share in the suit properties and they contended that the plaintiff is not in joint possession of the suit properties, mere entry of the name of the plaintiff in the CTS extract will not give rise to any right in favour of the plaintiff over the suit properties.