JUDGMENT

Appellants-plaintiffs have preferred this appeal under Section 96 read with Order 41 Rule 1 of CPC being aggrieved by rejection of their plaint in OS No.624/2018 by the Senior Civil Judge and JMFC, Devanahalli dated

1.6.2018.

2. Parties to this appeal are referred as per their rank before the trial Court for the purpose of convenience.

3. The facts leading to this appeal are as under:

That, plaintiffs filed the suit against defendants seeking relief of declaration that, they are entitled for 1/3rd share in the suit schedule properties situated at Upparahalli, Devanahalli Taluk morefully described in the schedule appended to the plaint. According to them, the suit schedule properties were purchased by one Sri Ibrahim Sharieff in the name of his wife. Plaintiffs and defendants no. 1 to 17 are the tenants in common in respect of the suit schedule properties after the demise of their father. The name of Kulsumbi was entered in the revenue records. Plaintiffs being the legal representatives of Ibrahim Sharieff and Kulsumbi are entitled for share as claimed in the plaint. It is further averred that, defendants no.1 to 5 executed a registered sale deed dated 16.03.1994 in favour of 1