BABU MIYAN Vs. HUSSAAIN BI

JUDGEMENT

(1.) THE legal representatives of the sole defendant in O. S. No. 61 of 1981 in the Court of the Subordinate Judge, Sanga reddy are the appellants. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(2.) PLAINTIFFS filed the suit against the sole defendant, by name Smt. Wahed Bee, for partition of the suit schedule property and allotment of the shares in accordance with the principles of Mohammedan Law.

(3.) THE first plaintiff and the sole defendant were the two wives of late mahaboob Ali. Plaintiffs 2 and 3 are the sons and the fourth plaintiff is the daughter of the first plaintiff. The second plaintiff and the sole defendant also died and their legal representatives are brought on record. Mahaboob Ali owned and possessed a house and an extent of Ac. 1. 14 guntas of land. The plaintiffs pleaded that the suit schedule property is matruka, left by late Mahaboob Ali and according to the principles of succession, the first plaintiff is entitled to 1/6th share, plaintiffs 2 and 3 are entitled to 7/20th share each and fourth plaintiff is entitled to 7/40th share, in all, accounting for 15/16th share. It was also pointed out that the defendant is entitled to 1/16th share.