SOGRA BANU Vs. NOOR MOHAMMED

JUDGEMENT

(1.) THE appellant has filed this appeal challenging the legality and correctness of the judgment and decree passed by the II Addl. Civil Judge, (Sr.Dn.), Mangalore dt.2.1.2007 passed in O.S. No.120/2003.

(2.) THE facts leading to this case are as hereunder: THE appellant filed the suit against her brother Noor Mohammad and her mother Beebi Jan. Beebi Jan was the 2nd defendant, on the ground that her father late Patel Ibrahim Saheb was the owner of plaint A and B schedule properties and that her father died on 17.8.1980 and after the death of her father, she is entitled for a share under the Mahomedan Law. THErefore she filed a suit claiming partition and separate possession of her share in plaint A and B schedule properties.

(3.) THE main grievance of the appellant are that u/S. 65 of the Mahomedan Law, the appellant is entitled for 1/3 share in plaint A and B schedule properties, in view of the death of the mother and that no share is granted in respect of plaint B schedule though hotels are in existence and that existence of hotels are not disputed. THErefore, he requests the Court to set aside the judgment and decree of the Court below and grant the relief.