TIKAM CHAND LUNIA Vs. RAHIM KHAN ISHAK KHAN

JUDGEMENT

(1.) THIS judgment shall govern the disposal of First Appeal No. 33 of 1965 also which arises out of Civil Suit No. 1-A of 1962 filed by respondents 1, 2 and 3 against respondents 4, 5, 6 and 7 and the appellant Tikam Chand.

(2.) THE present appeal arises out of Civil Suit No. 2-A of 1962 filed by the appellant against the respondents. The appellant had purchased a house situated on plot no. 17/1, Jagdalpur town, from respondents 4 and 5 Gaffar Khan and Sahadat khan on 15-4-1959 for Rs. 13000/ -. The said house belonged to one Sardar Khan who was a Sunni Mahomedan. Sardar Khan admittedly died in the year 1933. At the time of his death, he left behind his three sons Ishak Khan, Gaffar Khan (defendant No, 4 ). Sahadat Khan (defendant No. 5) and his daughter Smt. Munir bi (defendant No. 6 ). Ishak Khan died in the year 1953 leaving behind his two minor sons Rahim Khan (defendant No. 1) and Manjur Khan (defendant No. 2) and his widow Smt. Tazul Bi (defendant No. 3) as his heirs. It is not disputed that in the estate of Sardar Khan his three sons had an equal share of 2/7 each and his daughter had l/7th share and that these heirs inherited the estate of the deceas-" ed as tenants-in-common.

(3.) AT the time of the death of Sardar Khan in 1933, he left behind the following properties:-