R. ASHWATH Vs. IQBAL UNNISSA AND ORS.

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and the learned counsel for the respondents.

(2.) THE appellant was the defendant No. 2 before the Trial Court. The plaintiffs' case was that the plaintiffs namely, Smt. Iqbalunnisa, the widow Shri Abdul Subhan and the children of Smt. Zahira Bi as also the widow of Shri Abdul Wahab, Smt. Ashrafunnisa, had jointly executed a power of attorney dated 6.1.1995, in favour of Smt. Nasreen Taj, daughter of late Abdul Wahab, which was duly registered and the suit was instituted by her on behalf of the plaintiffs. It was claimed that wet land bearing survey number 12 situated at Ulsoor, Bengaluru measuring 37 gutnas belonged to one Shri Usman Baig @ Ameer Saheb. Smt. Zahira Bi, the mother of plaintiff Nos. 2, 3 and 4 and the mother -in -law of plaintiff Nos. 1 and 5, was the eldest daughter of Shri Usman Baig, by his first wife Smt. Mahaboob Bi. Late Usman Baig is said to have died in the year 1946 leaving behind his second wife Smt. Saidanibi and her children Smt. Bibijan, Smt. Mahaboob Bi, Smt. Fatima, Smt. Saffaora Bi and Shri Abdulla Baig and Smt. Zahira Bi, his daughter by his first wife, as his legal heirs to succeed to his estate as per the Muslim Law of Succession.

(3.) THE Trial Court passed the decree on 25.6.1970, declaring that Zahira Bi was entitled to 7/104 share in the plaint schedule property and she was put in possession there. Later, final decree proceedings were taken in F.D. No. 10005/1981 and that resulted in a compromise which was ordered on 1.8.1981. In terms of the compromise petition, the plaintiffs in O.S. No. 351/1966 were held entitled to a vacant plot measuring East to West: 33 feet and North to South: 73 feet in land bearing survey number 12 of Ulsoor Village, Civil Station, Bengaluru with the following boundaries: East by: private property, on the West, North and South by: remaining portion of survey number 12 and a sketch showing the plot allotted to the plaintiffs was also attached to the compromise petition and the copy of the plaint in O.S. No. 351/1966 was also filed along with the compromise petition. Subsequently, when the plot fell within the jurisdiction of the then Bangalore City Corporation, it was assigned a new number namely, 35 on a 25 feet road in Saraswathipuram, Corporation Division No. 65. Khata was also made out in the name of Shri Abdul Sattar, the plaintiff No. 4. The taxes were said to have been paid in respect of the property to the Corporation and copies of the said documents issued by the Corporation of the City of Bengaluru were produced. The plaintiffs therefore claimed the property described in the schedule being a vacant plot measuring East to West: 33 feet and North to South: 73 feet in land bearing survey number 12 of Ulsoor Village, Civil Station, Bengaluru and was bounded on the East by: private property, on the West, North and South by: remaining portion of survey number 12.