GOUSE MOHIUDDIN Vs. SAIFULLAH

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment and decree dt. 18-9-1975 passed by the Civil Judge, Raichur, in RA No. 50 of 1974, on his file, allowing the appeal on reversing the judgment and decree dt. 8-4-1974 passed by the Munsiff in OS No. 42 of 1972, on his file, decreeing the suit of the plaintiff as prayed for.

(2.) The genealogy of the parties is as under :

(3.) It is the case of the plaintiff that he is the son of Syed Mansoor AH and defendant is the son of Syed Usman Ali who is the brother of his father. It is further alleged in the plaint that in the year 1313-F. corresponding to 1904 AD one Sujauddin the holder of Munthkab of inam for Siddi Mosque of Kallur Village, Taluk Manvi, to the extent of 0-4-0 annas share in service inam land S. No. 910 of Kallur village died issueless leaving his mother Aiyashabi as his only heir and successor. The said Aiyashabi who was the maternal grandmother of plaintiff's father out of love and affection for him, applied to the Atiyat court in the succession proceedings in the year 1314 F. to grant succession of late Sujauddin in the name of plaintiff's father Syed Mansoor Ali and thus she released her 0-4-0 annas share succeeded by her son Sujauddin in favour of plaintiff's father and the competent authority having accepted the same granted succession of 0-4-0 annas share of Sajauddin in the name of plaintiffs father Syed Mansoor Ali alone in the year 1314 F. and accordingly his name was entered in the Munthkab as holder of 0-4-0 annas share which is evident from Munthkab No. 23849 of 1301 Hijri. It is alleged that the Asst. Commissioner, Raichur after holding a succession enquiry under the Hyderabad Atiyat Enquiries Act, 1952, to the property of Syed Mansoor Ali, passed the following order in respect of the 0-4-0 annas share of plaintiff's father thus.