RAJESAB Vs. TAMEESODDIN

JUDGEMENT

(1.) These two regular second appeals have arisen out of common judgment made in R.A. No. 56/2003 and R.A. No. 57/2003 on the file of Civil Judge (Sr.Dn.,) Basavakalyan. Incidentally, it is necessary to state that R.A. No. 56/2003 was filed against dismissal of O.S. No. 75/1986 and R.A. No. 57/2003 was filed against dismissal of O.S. No. 180/1989.

(2.) The plaintiffs No. 1 and 2 in O.S. No. 75/1986 are the sons of Raheem Saheb and plaintiff No. 3 is the mother of plaintiffs Nos. 1 and 2. The plaintiffs Nos. 4 and 5 are the wife and daughter of Tajuddin. The suit was filed for partition of properties held and left by deceased Rajesaheb against Tameezuddin and others. For better understanding of relationship between parties, it is necessary to reproduce the family tree of Rajasaheb, which was furnished in Schedule-'A' to plaint.

(3.) O.S. No. 180/1989 was filed by Mehroon Bee, W/o Abdul Basheer and Ahmed Bee, D/o Fareed Saheb. The defendants in both cases are common. The common defendant No. 1 namely Tameezuddin and defendant No. 6 in O.S. No. 75/1986 namely Sanjaysingh S/o Babu Singh Hazari who is also defendant No. 9 in O.S. No. 180/1989 had contested the suit. Defendant No. 1 had sold first item of 'B' Schedule property viz., land bearing No. 224/2 measuring 34 guntas, in favour of 9th defendant-Sanjaysingh under registered sale deed dated 27.03.1986. Therefore, defendants No. 1 to 6 contested the suit. The other defendants had either remained ex parte or not contested the suit.