LAWS(KAR)-2023-7-344

WAHID KHAN Vs. MAHABOOB KHAN

Decided On July 11, 2023
WAHID KHAN Appellant
V/S
Mahaboob Khan Respondents

JUDGEMENT

(1.) Mahaboob Khan, Sardar Khanam and Sahazadi Khanam, the son and daughters of Peer Khan, instituted the suit against their brother - Wahid Khan (defendant No.1), his second wife Nagamma @ Rabiabee (defendant No.2), his first wife Zaitunbee (defendant No.3) and her daughter Rehana Begum (defendant No.4).

(2.) It was their case that the lands bearing Sy.No.448 measuring 3 acres 2 guntas, Sy.No.449 measuring 2 acres 18 guntas and Sy.No.453 measuring 13 acres 23 guntas apart from two house properties which were all situate at Basneer Gunj, Chittapur Taluk, were the properties belonging to their father Peer Khan and on his death, they and their brother Wahid Khan had succeeded to the same.

(3.) It was stated that Wahid Khan being the elder son had got his name mutated in the records. It was also stated that since the properties belonged to their father Peer Khan, according to Mohammedan Law, the plaintiffs were entitled to 2/3rd share and Wahid Khan was entitled to 1/3rd share.