ABDUL KADAM MOHIUDDINBHAI BAGANIKAR Vs. RASHIDABI

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THE property involved in the dispute was originally owned by Haji Babubhai, who died on 10th August, 1966, leaving behind him his only son Abdul Sattar. Abdul Sattar died on 18th April, 1970 leaving behind him his widow Rashidabi. Smt. Rashidabi was issueless. Abdul Kadar was the paternal uncle of Abdul Sattar. Abdul Kadar also died on 31st May, 1971 leaving behind him his widow Hashmatbi Abdul Kadar Baganikar and the daughter Shahida, the present Petitioners. After the death of Abdul Sattar, the dispute arose amongst the heirs. Abdul Kadar moved the C.T.S. Officer to get his name entered in the property left by Abdul Sattar. Similarly, Rashidabi, the widow of Abdul Sattar also moved the C.T.S. Officer for entering her name in the city survey record in place of her deceased husband Abdul Sattar.

(3.) IN pursuance of the direction given by the City Survey Officer, Sangli, Rashidabi filed Special Civil Suit No.10 of 1971 in the Court of Joint Civil Judge, Senior Division, Sangli. It was decided in favour of Rashidabi on 18th April, 1972. By virtue of the said decree in Special Civil Suit No.10 of 1971, Rashadabi got 1/4th share in the property in dispute and she was to recover possession of three rooms described in Para 1(b) of the Plaint in that suit.