MOHAMADSA Vs. ALLISA

JUDGEMENT

(1.) This appeal by defendants 1 to 3 is preferred against the judgment and decree dated 31 8-1987 passed by the learned Additional Civil Judge, Bijapur in O. S. No. 178 of 1983.

(2.) The learned trial judge has passed a decree for partition and separate possession of 2/3rd share of the plaintiffs in the suit schedule properties bearing R. S. Nos. 64, 74 and 77 of Niralgi village.

(3.) The relationship between the parties is not in dispute. It is not in dispute that the suit lands in question were assigned to the village office. Mak- tumsa was the Walikar of the village. The lands were to be enjoyed by the propositus Maktumsa. Maktumsa had three sons by name Madansa, Allisa and Mashaksa @ Mashanna. Madansa had three sons by name Mohammadsa, Hanifsa and Kasimsa. The two sons of Maktumsa i.e., Ailisa and Mashaksa alisa Mashanna are the plaintiffs 1 and 2 in the suit. The aforesaid three sons of Madansa are defendants 1 to 3 in the suit. The suit was for partition and separate possession of 2/3rd share in the aforesaid three lands as well as in other two lands bearing R S, Nos. 61/1 and 61/2 of Niralgi village, Sindhgi Taluk.