JALALABI Vs. HAFIJABEE

JUDGEMENT

(1.) This Miscellaneous second appeal is filed against the Judgment dated 20th January 2015 passed in Regular Appeal No.35 of 2010 by the I Additional District Judge, Vijayapur whereunder the Regular Appeal came to be allowed by setting aside the judgment and decree dated 02nd January 2010 passed in Original Suit No.59 of 2003 by the Senior Civil Judge, Basavana Bagewadi decreeing the suit.

(2.) The parties in this appeal are referred to their ranks before the lower Court.

(3.) Plaintiffs filed suit in Original Suit No.59 of 2003 (Old No.355 of 1998) on the file of Civil Judge (Senior Division), Basavana Bagewadi for the relief of partition and separate possession against the defendants praying to award plaintiffs 1/9th share and to award mesne profits till the actual and separate possession is handed over. It is averred in the plaint that the deceased father of the plaintiffs, defendant No.1, defendants No.17 to 19, and the deceased father of defendants No.10 to 15 were tenants in common of the landed and house properties of 'B' schedule property being heirs of deceased Bavasaheb S/o Mittesab Kachur. It is further averred that after the death of the father of the plaintiffs, Gudusab the father of defendants No.10 to 16, the plaintiff and defendants No.1, 9 and 17 to 19 are in joint possession and enjoyment of the suit property as common tenants. It is also pleaded that even after the death of Gudusab the father of defendants No.10 to 16, the plaintiffs, defendants No.1, 9, 10 to 15 and 17 to 19 are in joint possession and enjoyment of the suit property being the coowners. The defendant No.1 being the only educated person among the heirs, was managing the suit properties and it is alleged that taking advantage of the illiteracy of plaintiff and colluding with the Revenue Officers and other defendants, the defendant No.1, behind their back and without the knowledge of the plaintiffs, got mutated the suit lands in the name of his wife, his sons and daughters without there being any legal rights accrued to them. Hence the suit came to be filed.