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2000 Supreme(SC) 116

G.B.PATTANAIK, UMESH C.BANERJEE
Balawwa – Appellant
Versus
Hasanabi – Respondent


ORDER

Delay condoned in filing application for substitution. Substitution allowed.

2. Leave granted.

3. A suit for partition having been filed in respect of four items of properties, i.e., two house properties and two other landed properties, the learned trial Judge granted a decree in favour of the plaintiff to the extent of 15/32 share. Defendants Nos. 1 and 3, who are the widow of the son of the original tenant - Imamsab and the husband of one of the daughters of Imamsab, claimed their exclusive title in respect of the two items of landed properties, namely, land bearing Survey Nos. 7/2 and 152/1, on the basis of an order passed by the Land Tribunal under Section 48-A of The Karnataka Land Reforms Act, 1961. The learned trial Judge rejecting the claim of the defendants exclusive right and title, granted a decree for partition.

4. On appeal, the lower appellate court affirmed the decree so far as it relates to the house property, but reversed the decree so far as it relates to landed properties. In reversing the decree of the trial Judge in relation to the landed properties, the lower appellate court came to the conclusion that the order of the Land Tribunal in favour of those def











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