JUDGMENT:

The present City Civil Court Appeal is directed against the judgment and decree, dated 19.03.1998, in O.S. No.305 of 1989 passed by the IV Senior Civil Judge, City Civil Court, Hyderabad (for short ‘trial Court’), under Section 96 read with Order XLI, Rule 1 of the Code of Civil Procedure, 1908 (for short ‘Code’).

2. By the aforesaid judgment, the trial Court holding that the appellant - plaintiff failed to establish that the suit schedule property is the ancestral property of the father of defendant No.1 and, as such, he is not entitled to share therein, dismissed the aforesaid suit.

3. The appellant herein is the plaintiff in the aforesaid suit, while respondent Nos.1 to 4 are defendant Nos.1 to 4.

4. For the sake of convenience, the parties hereinafter referred to as they were arrayed originally in the aforesaid suit.

5. Certain relevant facts are necessary to project in the direction of reappraisal of pleadings and proof based on appreciation of evidence let in by both sides.

i) Admittedly, the plaintiff is the son of defendant No.1. His paternal grandfather was one Devsi Ratansi Shah belonging to Gujarat State originally. He purchased the plaint schedule property bearing