GHULAM MOHAMED Vs. S M ANWAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree, dated 08.02.2011 passed by the Court of XXVIII Additional City Civil Judge, Bangalore in O.S.No.11308/1994.

(2.) TO avoid the confusion, the parties are referred to as per their ranks in the suit proceedings.

(3.) THE facts of the case in brief are that the plaintiffs (the respondent Nos.1(a) to (c) herein) filed the suit for partition and separate possession of their 1/6th share in the suit schedule property and for mesne profits. They contended that the suit schedule property was jointly purchased by the two brothers, namely, Abdul Rahman and Abdul Razack from Khatija Bi on 02.03.1916. The original plaintiff - S.M.Anwar - is the maternal grandson of Abdul Razack. Abdul Rahman died prior to 1930 and Abdul Rajak died in 1935. It is the claim of the plaintiffs that the surviving heirs of Abdul Rahman and Abdul Razack are entitled to the half share each in the suit schedule property. The plaintiffs claim it for 1/6th share in the suit schedule property.