High Court Karnataka High Court

Ahmed Pasha vs Fatima Bee on 6 June, 2008

Karnataka High Court
Ahmed Pasha vs Fatima Bee on 6 June, 2008
Author: N.Ananda
 V    ..... .. V

 x T about 32 years.

IN THE HIGH COURT OF 1<:ARNAT.r.KAAT   % 
DATED THIS THE 051" My EC'?   3 X
 %% %   
THE HONBLE  .mA}aDA 


1.

Ahmed %
S/Q Late ‘I<:t;'ae;1e:~ __I{I1;=;der pasha
erQ§)_Ioy€:§e', age:-{(1 aboi1t'35 years.

2.
S/0 Khadsar @ Khader pasha
Aged abmjt 3.3

A ” » {.9 Laiidabdul Khader @ Khader pasha.
‘- Bee

-.._D/Q~ 1.31.23 Abdui Khader @ Khader pasha
W/’oaMohammed Ismail,

1310 Late. Abdul Khader @ Khader pasha
W/-;:> Afioz Pasha,
Aged about 26 years.

6. Zubaida Ber:

W/0 Late Abdul Khacler @ Khader pasha
Aged about 55 ycarss.

‘~ g3rop.»ei’tyE»___eA§\ras late Abdul Khader @ Khadar

63* defendant as mahar. It is also

‘ 1, 2 te 633 defendants in lieu of p1aintifi”s share in

‘ pmperty..

x of attorney was examined as P.W.1. On behalf of

2. The brief facts of the case are as M
The plaintiff. defendants

daughters sf late Abdul
Defendant I\¥e.6 was wife sf
Pasha. Lats Abdul Knagder végs the
absoiute owner ofsuit plaintiff

ClB1IB’ Cd hel’ “sti1*s…V:’s11it schedule
Tlfe ” §;_id.111i1:t:ing relationship and

also , 0f have contended that suit

co;;:e1mg%s of Rs.50,()0{)/- was paid to p1a:m-m” by

3. ; On behalf of plaintifl” her husband and power

defendants defendant no.3 was examined as D.\V.1.

v{\:.

x judgment has held that suit schedule property was not

Documents filed by plaintifi’ wen:-‘ & x
13.1 to R14. V __ L. V’

4. The learned
issues: ‘ ‘ A’ V5

1. Whether the 4′ of

suit fiven in the

._ if “” ”

suit schedule

“”” ‘iv’a§ :j;1 father Khader Sab,
the time of daath?

3. A Wlietiiex No.6 proves that the suit

1 ‘ ~ was given to her by

V. Khadef ‘Pasha in fieu of Mehr and as such,

. . T _ “._ t=-h@: is_abso1ute owner of it?

– entitled to 1/ mm shame in the suit
property?

1 Whether court fee mid is insufiicient?

Is plainfifi’ entitled to injunction sought for ?
What. older’? What decree?

am on

The trial ceurt by the reasoning of impugled

1″‘\}_C~;¢€(\.,\..£,gs.-‘v’9Ll~’

x T (2) Whether defem-1am~.s–1, 2 and 4 to 5 had paid

given by late mam Khader @ Khadar Pash’a3__”l?;?L)f::
VI-defendant in lieu of Mehar.
negatived Cfllltfifltiflfi}. of d¢fe:}da;ii:s ti1at
Rs.50,000/- was paid to
The learned. trial judge éfitotney

is COIflP€teI1t ti? gmffi 9» ‘

defendants
and learned? I have
been fimpugned judgment.
Now the fzQi1§.tS are:

(_1)_ §Vhe_1::’i1::r.*– have proved that suit

3 V. prppe1;fyV”ivaS given by late Abdul Khader @

3 * Pasha to his Wiff: V’1~defendani: in

jzof Mehar?

Rs.5(),0O/-to plaintiff in lieu «of her share in

suit schedule property? i

1.-‘\, Q_,v\E/L9’-‘

‘~.I

Khader and II-defendant. The defendants

produced any dcrcument to establish ‘i;ha_t 2

was tI’°aI1Sf6ITt’:d by late Abdul

in favour of his wife \r:-defenda.~§§; % %

3. The oral m«av;:% afxa VI-
defendant is i11consisteI;f;.VA iyf acvfiptable
evidenw, the in holding
that that suit property
was @’v<j:ii3iiy' Pasha to his

wife V1-dVé:fc::nda1':t,V ' ~ V ~ .. .. ' é

9. Khatiza t:Xtfract produced as per EX.P. I I

shoxys_§:AAfI1at sijit property stood in the mama of

@ Khader Pasha till the year 1986

e of I–defenda11t was entered. In View

V -of abfifé’ court has held suit property belonged

. ‘ “ism; Khader @ Khader Pasha and he had not

– diazposition.

evidence. Therefore, learned tn’:al”‘x.¥Lu1ge 2

rfijected contention of defendants. A’

11. For the reasons held
that defendants have te pleeeety was
given by late Abzimlv to his wife
in lieu of to prove
plaintiff ‘ defendants and

refinquiehed suii; property.

‘ftje 1′.e.sLih’., the following:

is dismissed. Having regard to

rele.ti{§I1$I’&i{§: eI”TV.parties, they are directed to bear their

‘ ” ~ 5i.”f’-._VCeets.

Sd/3

J 1idg”*’é
Sub/’