SYED AMJAD PASHA QADI Vs. RAHIMUNNISA BEGUM

JUDGEMENT

(1.) This is a revision by defendant-4 against the order dated 18-2-1981 passed by the Munsiff, Gulbarga, in F.D.P. No. 14 of 1980 (O.S. No. 110/69) appointing a Commissioner under Order 26 Rules 13 and 14 C.P.C.

(2.) One Mohd. Ibrahim who died on 6-3 1961 had left behind him his daughter Rahimunnisa the plaintiff, and two sons Abdul Gafoor defendant-1 and Mohd. Abdul Kareem defendant-2. He left behind him the suit properties.

(3.) We are concerned at this stage only with item No. 1 of the property. The decree passed in relation to item No. 1 is that the plaintiff has got 1/5th share, defendant-2 has got 2/5th share and defendant-4 has got 2/5th share. Defendant- I sold the suit item No. 1 property to defendant-3 on 204-1967. In turn defendant 3 sold item No. 1 property to defendant-4 under a sale deed dated 9-8-1968. Defendant-3 had agreed to sell this very property to defendant-4 under an agreement dated 26-1-1967. This decree was ultimately confirmed by this Court in R.S.A. No. 1113 of 1979.