SHAIK DAWOOD Vs. MAHMOODA BEGUM

JUDGEMENT

(1.) The appeal is directed against the decree and Judgement dismissing O.S.No.33/79 on the file of the Subordinate Judge, Sangareddy, a suit filed for partition of the properties, belonging to the estate of one late S.M. Ghouse, who died on 9-1-1979, due to a fatal accident, while working as a Lineman in the State Electricity Board at Siddipet.

(2.) The parties are referred to according to their position in the suit. Plaintiffs 1 and 2 are respectively the father and mother of late S.M.Ghouse. The said Ghouse married one Razia Begum through whom, three daughters plaintiffs 3 to 5 all minors are born to him. On the death of Razia Begum in the year 1972 S.M.Ghouse married the 1st defendant as his second wife. Defendant 2 is his son through defendant1. Defendant 3 is the posthumous daughter of S.M.Ghouse by the second marriage. Various amounts, detailed as items 1 to 16 of the plain schedule, belong to the estate of late. S.M.Ghouse either as amounts standing to his credit or which became payable consequent on his death. Item 7 of the plaint Schedule involving an amount of Rs. 16.08 ps. Relates to the arrears of salary due to late S.M.Ghouse for the period 1-1-1979 to 9-1-1979. Item 9 involving an amount of Rs. 16.37 related to the arrears due, on account of medical aid. It is common ground that, subsequent to the death of late S.M.Ghouse , defendant 1 drew these amounts covered by items 7,9 and 10 involving the total amount of Rs.57-45ps.

(3.) Shortly thereafter, disputes arose between the parties because of the claim for a share made by plaintiffs 1 and 2 in the plaint schedule property. Defendant 1 by notice dated 21-6-1979 denied the rights of the plaintiff and the suit, out of which this appeal had arisen, was filed on 26-7-1979, claiming partition. Defendants 4 to 8 impleaded in the suit are the officers who were, by the date of suit, in custody of the various items, listed out in the plaint schedule.