SHAMSHUDDIN Vs. SYED AKTHAR

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellant.

(2.) This appeal is filed challenging the judgment and decree dtd. 8/8/2019, passed in R.A.No.165/2011, on the file of the Principal District Judge, Shivamogga.

(3.) The factual matrix of the case of the plaintiff before the Trial Court in O.S.No.139/2007 (Old No.101/2004) is that one K. Shamshuddin was the grandfather of the plaintiff and the defendants. He had three sons and four daughters. The plaintiff has got one sister by name Toha Begum and she has taken her share and hence she is not made as party to the proceedings. The suit schedule property belongs to K. Shamshuddin i.e., grandfather of the plaintiff and defendant Nos.1 to 5. After his death, his sons and daughters have succeeded to the properties. After the death of three sons and four daughters of Shamshuddin, the plaintiff and defendant Nos.1 to 5 succeeded the suit properties as they are the only legal heirs to the properties left behind by Shamshuddin. The plaintiff and defendant Nos.1 to 5 are the joint owners in possession of the suit schedule property and the plaintiff has got half share.