PARVEEN Vs. NOORJAHAN W/O TAJAPEER JAHAGIRAR

JUDGEMENT

(1.) The legal representatives of Abdul Rauf Jahagirdar who was defendant No.1 in O.S.No.41/2003 and defendant Nos.2 to 6 in the said suit have preferred this second appeal, assailing judgment and decree passed by the Principal District Judge at Bijapur, in R.A.No.48/2007 dated 18.04.2011 by which, the judgment and decree passed in O.S.No.41/2003, dated 12.07.2007, by the Principal Civil Judge (Senior Division), Bijapur, has been confirmed.

(2.) For the sake of convenience, the parties would be referred to, in terms of their status before the trial court.

(3.) The respondent - plaintiffs filed the suit seeking the relief of partition and separate possession of their share in the suit property. The parties to the suit are Mohammedans. According to the plaintiff, the parties to the suit are the legal heirs of deceased Mohammed Akram Jahagiradar who died on 11.03.1964. After his death, revenue authorities entered the names of his legal heirs as per M.E.No.887, dated 11.03.1964, in respect of the suit land. The names of all the legal heirs were entered. But the authorities continued the names of defendant No.1 and late Chand Pasha, husband of defendant No.6 and father of defendant Nos.2 to 5. The plaintiffs are Pardanasheen ladies. That by taking advantage of their position, the defendants got the revenue records modified by denying the plaintiffs their shares in the suit property. This fact came to the knowledge of the plaintiffs in the year 2000 after the death of Chand Pasha. So they preferred Appeal No.62/2001-2002, before the Assistant Commissioner, Bijpaur who dismissed their appeal by directing them to approach the Civil Court. Hence, they filed the suit seeking 4/8th share in the suit land being the legal heirs of Mohammed Akram Jahagirdar, husband of the first plaintiff and father of plaintiff Nos.2 to 4.