T.MAHABOOB BASHA Vs. DOWLATH BEE
LAWS(APH)-2022-1-28
HIGH COURT OF ANDHRA PRADESH
Decided on January 18,2022

T.Mahaboob Basha Appellant
VERSUS
Dowlath Bee Respondents

JUDGEMENT

- (1.) The respondents herein filed O.S.No.32 of 2015 before the II Additional District Judge, Kurnool at Adoni, against the petitioner herein for partition of the suit schedule property, which is said to be the absolute property of the father of the respondents and the petitioner.
(2.) The case of the respondents was that they are sisters of the petitioner. The suit schedule property belonged to their father, who passed away some time back leaving behind the petitioner, respondents and their mother. After the demise of their mother in the year 2013, differences arose between them resulting in plaintiffs demanding their 1/4 each share in the property as per the Muslim Law. As the petitioner was unwilling to accept partition, the respondents are said to have approached the trial Court. In the plaint, the respondents also mentioned that on 27/7/1992 and 18/8/1992 the respondents are said to have executed relinquishment deeds, which are said to have been filed along with the plaint. It is the case of the respondents that these relinquishment deeds are not binding on them when their mother was alive.
(3.) The petitioner had filed a written statement contending that after the demise of their father, a partition had taken place between them and the 1st respondent has executed a registered relinquishment deed dtd. 18/8/1992 and the 2nd respondent executed a registered relinquishment deed dtd. 27/7/1992 relinquishing, in favour of the petitioner, the properties, which are mentioned in Schedule-B of the said relinquishment deeds. It is the case of the petitioner that these Schedule- B properties are the subject matter of the suit wherein the respondents 2 RRR,J C.R.P.No.926 of 2021 are seeking partition. The petitioner also stated that the 1st respondent had given a sworn affidavit before an Advocate Notary on 3/7/2006 affirming that suit bearing O.S.No.27 of 2005 filed by the petitioner on the file of the Senior Civil Judge, Adoni, for partition of some of the properties, had been settled before the Lok Adalat on 28/1/2006 and Lok Adalat Award No.129/2006 was also passed. It is the further case of the petitioner that the respondents and their mother had given up their right having received a consideration from the petitioner in respect of the above properties.;


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