S SADIQ PASHA Vs. AKTHARUNNISSA

JUDGEMENT

(1.) This is a defendant's appeal to set aside the finding of the Trial Court on Issue No.4 and Additional Issue No.3.

(2.) Appellant was defendant No.1, respondent No.1 was defendant No.2 and respondent Nos.2 and 3 in this appeal were the plaintiffs in O.S.No.7552/1993 on the file of the City Civil Court, Bangalore. For convenience the parties would be referred to hereinafter with reference to their ranks in the Trial Court.

(3.) Plaintiffs instituted the suit to pass a decree for partition and separate possession of their shares in the plaint 'A' and 'B' schedule properties and for mesne profits of plaint 'A' schedule property. By way of an amendment, plaintiffs sought passing of a decree of declaration that a registered sale deed dated 05.11.1971 executed in the name of defendant No.1 as null and void. Defendant Nos.1 and 2 filed separate written statement and contested the suit. No counter claim/s were made by either of the defendants. Based on the pleadings of the parties, the Trial Court raised the following; Issues: