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KARNATAKA HIGH COURT
M.G.S. KAMAL, J
SRI. RAJESAB S/O. FAKEERSAB RAGHAPUR – Appellant
Versus
GAIBUSAB S/O. FAKEERSAB RAGHAPUR – Respondent
| Table of Content |
|---|
| 1. the suit highlights partition rights among legal heirs. (Para 1 , 6 , 8) |
| 2. appellant's arguments against the lower courts outlined. (Para 11) |
| 3. findings confirm inheritance rights under islamic law. (Para 13 , 15 , 16) |
| 4. rights of heirs under law confirmed. (Para 14) |
(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)
2. The above suit is filed by the plaintiff-
3. Defendant Nos.1 to 4 appeared. Defendant No.4 filed written statement. Defendant Nos.1 to 3 adopted the same. It is contended though the defendants admitted the relationship of plaintiff with defendant Nos.1 to 3 and also admitted that Fakeersab Raghapur was the owner of the suit property, it was however denied that the suit property was in the joint possession of the plaintiff and defendant Nos.1 to 3. It is contended that there was a partition effected on 22.7.1996, during the lifetime of Fakeersab Raghapur in terms of which the plaintiff has already received his share. As such, he is not having any right, share title in the suit property. It is further contended that defendant No.2 has sold 20 guntas of land in the suit property in favour of defendant No.4 for his family and legal necessity. As such, defendant
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