SYED YOUSUF SAB Vs. AFSAR BEGUM

JUDGEMENT

(1.) This second appeal is filed by Defendant No.4 in O.S.No.125 of 1986 on the file of the Principal Junior Civil Judge, Sangareddy.

(2.) Respondent No.2 is the wife, and respondents 1, 3 and 4 are the daughters of late Osman Sab. By the time he died in the year 1969, he left behind him two items of landed property in Sy.No.350, admeasuring Acs.3.10 guntas, and Sy.No.374, admeasuring Ac.1.01 gunta of Bhanoor Village of Medak district. One of the daughters, the 1st respondent herein, filed the suit for partition and claimed 7/24th share in the said lands. The appellant is the purchaser from the 2nd respondent of an extent of Acs.2.25 1/2 guntas in Sy.No.350 and entire extent in Sy.No.374 through sale deeds, dated 28.01.1985 and 15.11.1985, marked as Exs.B-1 and B-2, respectively. The suit was resisted by the appellant alone. Respondents 2, 3, and 4 remained ex-parte. He pleaded the ground of limitation and disputed the extent of share claimed by the 1st respondent. Through its judgment, dated 18.2.1997, the trial Court passed a preliminary decree. Aggrieved thereby, the appellant filed AS.No.34 of 1997 in the Court of III Additional District Judge, Medak at Sangareddy. The lower appellate Court dismissed the suit through its judgment, dated 17.08.2002. Hence, the Second Appeal.

(3.) Sri Mohd. Ghulam Hussain, learned counsel for the appellant, submits that the Courts below did not follow the Principles of Succession under Mohomedan Law. He submits that the share of the 1st respondent ought to have been determined after executing the 1/8th share of the 2nd respondent and out of the balance of 7/8, 2/3 ought to have been allocated to the share of the daughters, and thereafter, 1/3rd out of it to the 1st respondent. He submits that the procedure adopted by the Courts below does not accord with the settled principles. He also submits that the suit was barred by limitation, inasmuch as, it was filed 17 years after the death of Osman Sab.