MOHD. MUSTAFA Vs. ABDUL SAMAD

JUDGEMENT

(1.) This appeal is filed by the plaintiff/appellant challenging the judgment and decree dtd. 21/9/2019 passed in RA.No.29 of 2017 on the file of the II Additional District and Sessions, Judge, Bidar, Sitting at Humnabad, dismissing the appeal and confirming the judgment and decree dtd. 31/1/2017 passed in OS.No.17 of 2011 on the Court of Senior Civil Judge and JMFC, Humnabad, dismissing the suit of the plaintiff.

(2.) For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the trial Court.

(3.) The plaint averments are that, the plaintiff and defendant No.1 are brothers and children of one Mohammed Khasim and defendant No.2 is their real sister. The suit schedule property was originally belonged to mother of the plaintiff, defendant Nos. 1 and 3, namely, Mahaboobee, wife of Mohammed Kasim Sab, who had given oral gift to the extent of 01 acre, 29 guntas in Sy.No.207/3B, of Chimanchod village Chincholi Taluk. It is the case of the plaintiff that, the plaintiff is the absolute owner in possession of the land in question and as such, filed OS No.17 of 2011 before the Trial Court seeking, relief of declaration with consequential relief of possession.