MOHASIN FAIZUR RAHAMAN SAHEB Vs. ZAMILABI

JUDGEMENT

(1.) AGGRIEVED by the concurrent findings recorded by both the courts below in decreeing the plaintiffs suit and entitling her for a share in the properties, the first defendant has filed this appeal.

(2.) THE case of the plaintiff is that the first defendant is her brother and the second defendant is her sister. They are the children of deceased Haji Mohammed Kasim Saheb who died on 5.9.1988 leaving behind certain immovable properties in terms of plaint "C" schedule properties. 'B' schedule properties are tenanted and the tenants have claimed occupancy in respect of the said property before the Land Tribunal. Occupancy rights has been granted and compensation was also awarded. The plaintiff has sought for, her share in the said compensation. The plaintiffs case is that after the demise of her father, a share was sought for from the first defendant who, turned down her request and was hostile towards her. Notices were issued to the first defendant. However, the same were denied by the first defendant. Hence the instant suit was filed seeking division of the plaint schedule properties.

(3.) ON the basis of the pleadings, the trial court framed the following issues and additional issues: