SHAIK SA BEE Vs. SUKURSAB AND ORS.

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and perused the records.

(2.) CONCURRENT findings are called in question by filing an appeal under Section 100 of CPC. Appellant is plaintiff No. 2 in O.S. No. 171/2006, which was pending on the file of the Court of Prl. Civil Judge (Sr. Dn) at Raichur. It was a suit filed for the relief of partition and separate possession of 6 items of agricultural lands as described in the schedule appended to the plaints. The case of the plaintiff is that one person by name Khaja Hussain died leaving behind him two sons by name Sukur sab and Hussain sab. The said Sukursab S/o. Khaja Hussain is the sole defendant in the suit. Plaintiff Nos. 1 and 2 are the son and wife of Hussain sab. According to them, item Nos. 1 to 6 as described in the schedule 'A' are the joint family properties of plaintiffs and defendant and defendant got his name mutated in all the revenue records of the properties in question and that the defendant does not have any exclusive right title or possession over the suit properties. Therefore, he had requested the Court to grant his requisite share.

(3.) FOLLOWING issues came to be framed as found in paragraph No. 4 of the judgment of the trial Court.