KATWAL ABDUL HAKEEM SAB Vs. NASYAM SUFIYA

JUDGEMENT

(1.) The legal representatives of the 1st defendant in O.S.No.1 of 2006 on the file of the Senior Civil Judge, Rayachoty, filed this second appeal. For the sake of convenience, the parties herein are referred to, as arrayed in the suit. The facts pleaded by the parties, in brief, are as under:

(2.) Abdul Gafoor and his wife, Khaja Bee, have four sons and two daughters. The sons are, (1) Ismail, father of 2nd plaintiff, by name Reddy Basha; (2) Gulam Mohaboob Sab, husband of 2nd defendant, by name Rahamath Bee, and father of defendant No.3, Mahaboob Basha and defendant No.4; (3) Abdul Hakim Sab, the 1st defendant and (4) Syfuddin, the 3rd plaintiff. Daughters are Nasyam Sufiya, the 1st plaintiff and Pattan Hajaram Bee, the 5th defendant. Abdul Gafoor had 3 acres of land, which is part of Sy.No.485 of Rayachoty Village. He executed a gift deed dated 10-03-1964. Ex.B-1, gifting one acre each in favour of his wife, Khaja Bee; son, the 1st defendant, and another son, Syfuddin, the 3rd plaintiff. Through a sale deed dated 21-01-1970, the 3rd plaintiff is said to have sold his one acre to the 1st defendant. Khaja Bee died somewhere around 1970.

(3.) The plaintiffs filed the suit for partition of one acre of land, left by Khaja Bee, and allotment of respective shares in their favour, and defendants 1 to 5. The 6th defendant is said to be probable purchaser of the plaint schedule land.