MOHAMMED SHOIAB ULLA N. Vs. NASREEN SULTANA

JUDGEMENT

(1.) The captioned appeal is by the unsuccessful plaintiff who is aggrieved by the rejection of plaint by the Court of first instance in O.S.No.2200/2021.

(2.) For the sake of brevity, the parties are referred to as per their rank before the trial Court.

(3.) The facts leading to the case are as under: The plaintiff, who is the son of defendant No.1, instituted O.S.No.2200/2021 seeking partition and separate possession of the suit schedule property. It is the case of the plaintiff that his father, late M.V. Mohammed Noorulla, along with other family members, had jointly purchased the suit schedule property in the name of defendant No.1, who is his mother. Defendant Nos.2 and 3 are the brother and sister of the plaintiff. The plaintiff has pleaded that his father died intestate on 18/5/2019, leaving behind the plaintiff and defendants as his legal heirs. It is further asserted that after the death of his father, the plaintiff and defendants continued to remain members of a joint family and that the suit schedule property continued to be in their joint possession. On the said premise, the plaintiff claims entitlement to a share in the suit schedule property and seeks partition and separate possession. The cause for filing the suit, according to the plaintiff, arose when he obtained the revenue records and came to know that defendant No.1 had alienated the suit schedule property, which, according to him, necessitated the present action for partition.