HUSSENABI Vs. HUSENSAB HASAN SAB

JUDGEMENT

(1.) The above Regular Second Appeal is directed against the judgment and decree passed by the Principal Civil Judge and C.J.M., Dharwad, in R.A. No. 58 of 1976 on 18-7-1979 partly allowing the judgment and decree passed by the Munsiff, Navalgund, in O.S. No.88 of 1973 on 22-9-1976.

(2.) The facts of the case, in brief, are : That the plaintiff had filed a suit for a decree that the gift deed dated 29-5-1972 and the Mahar deed dt. 8-8-1952 are hollow, fraudulent and illegal and as such, not binding on the plaintiff's share and the sale transaction dt. 8-10-1955 in respect of the suit land is a benami and as such, she is not the real owner and for partition and actual possession of plaintiff's 9/32nd share by metes and bounds and if the partition by metes and bounds is felt not possible, the plaintiff be awarded equitable partition and for delivery of possession of 9/32nd share in the suit properties with Court costs.

(3.) The defendants filed their written statement inter alia contending that the suit brought by the plaintiff is not maintainable as he has no share in the properties and further, the defendants denied all the allegations made against them. On the pleadings, the learned Munsiff framed the following issues :