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2010 Supreme(AP) 782

L.NARASIMHA REDDY
Mayana Saheb Khan – Appellant
Versus
Mayana Gulab Jan – Respondent


Advocates appeared:
For the Petitioner:S.V. Bhatt, Advocate.
For the Respondents:R1, D. Kodandarami Reddy, Advocate.

Judgment

One late Mayana Rouf Khan had three sons, by name Saheb Khan, appellant herein, Alam Khan, respondent No.11 and late Raheem Khan; and three daughters, by name Khayamkhani Ghousunnisa, Salawani Mayamunnisa and Habeeba, respondents 12 to 14 herein. The 1st respondent is the wife of late Raheem Khan. RaheemKhan died on 24.06.1997 leaving behind him certain items of movable and immovable properties. The appellant filed O.S.No.12 of 1998 in the Court of Senior Civil Judge, Rayachoty, against the respondents for partition and separate possession of the assets left by late Raheem Khan. He claimed 21.42% share in those properties in the capacity of sharer of the properties of the deceased. The suit was mainly opposed by the 1st respondent. She did not dispute the relationship of the parties. She however pleaded that her husband gifted items 1 and 2 of the suit schedule in her favour and as such, they are not available for partition. The other respondents have adopted the defence offered by the 1st respondent. Through its judgment, dated 07.10.2005, the trial Court dismissed the suit. The appellant filed A.S.No.7 of 2008 in the Court of V Additional District Judge, Rayachoty agains




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