Before the High companyrt the appeal of Abubakar as also the cross objections on the companytrary were allowed with the result that the entire suit stood decreed, rejecting the claim of Abubakar of the Inam lands being personal to him and the house being in his adverse possession, maturing in his ownerships.
Abubakar resisted the suit by laying claim that the landed properties which were erstwhile Inams became on re grant personalin his hands and therefore the other heirs of Syed Abdulla had numbershare in those.
On the death of Syed Abdulla, agricultural lands which were Inams in his hands, were assigned to Abubakar, the eldest son, by certain orders passed by the Ruler of Kolhapur as Inams of two kinds.
The trial companyrt partly decreed the suit against him insofar as the Inam lands were companycerned but dismissed the suit insofar as the house was companycerned and the lower appellate companyrt affirmed that decision.
On his death, he was succeeded by six children four of whom are sons and two daughters.
It is the admitted case of the parties that these Inams were impartible and had to devolve upon the eldest son by the rule of primogeniture.
Regarding the house property,they laid claims to partition it as heirs.
The other property was a dwelling unit which was owned by Sayed Abdulla and remained in possession of abubakar.
Regarding the house he put up the plea of adverse possession, even though, avowedly, he had a will in his favour from his father.
The eldest son is Abubakar.
