EQUBALBEGUM SK AHMED Vs. ABDUL RAHIM FATEH MOHAMMAD

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned Second Additional District Judge, Beed, in an appeal (RCA No. 415/1984) whereby and whereunder dismissal of decree in a Civil Suit (RCS No. 144/1979) came to be reversed.

(2.) Appellants herein are original defendant Nos. 1 to 7,and 9 to 15. Respondent No. 1 Abdul Rahim is the original plaintiff. Respondent No. 2 Banobi is original defendant No. 16, deceased respondent No. 3 Vajirbi is original defendant No. 18, respondent No. 4 Fatemabi is original defendant No. 17 and respondent No. 5 Shaikh Bale is original defendant No. 19 in the context of suit bearing RCS No. 144/1979.

(3.) The suit was for partition in respect of three house properties bearing M.C. Nos. 1422, 1425 and 1426, situated at Lohargalli, Beed and as described in the plaint. The following pedigree table is mostly uncontro-verted, expect the controversy pertaining to branch inherited by Chandbi, through whom the plaintiff claims right of succession. <p>Haji-Mohammed (Daughter) Mohammed Chandbi Osman (Disputed) Sk.Bale Abdul Rahim Banobi Vazirbi Fatemabi (son) (son) (Dter) (Dter) (Dter) Dft.19 Plaintiff Dft.16 Dft.18 Dft.17 Mohommed Amin Shaikh Ahmed (son) (son) Shaha Anwar Mustaffa Shaikh Akbalbi Mohd Dft.1 Dft.2 Dft.3 Dft.4 son Daughter Daughter Samad Nazema Zemilabi Dft.5 Dft.6 Dft.7 son son Widow son Abdul Sattr Khalil Ialbi Mohd. Kadir Dft.8 Dft.9 Dft.10 Dft.11 Daughter Daughter Daughter Daughter Abeda Syeda Khairunisa Amina Dft.12 Dft.13 Dft.14 Dft.15