NARUNNISA Vs. SHEIK ABDUL HAMID

JUDGEMENT

(1.) These two appeals arise out of a Suit for partition in O.S 58/1975, on the file of the Civil Judge, Puttur (D.K.). R.F.A. 37/1976 is filed by the fifth defendant and R.F.A. No. 72/1976 is filed by the first defendant. These appeals can be disposed of by a common judgment.

(2.) Facts, in brief are, S. K. Abbas (plaintiff) filed a suit for partition claiming 2/12th share in properties in Schedule-A and B, annexed to the plaint. Properties in 'A' Shedule are irnmoveable properties ; properties in 'B' Schedule are moveables like utensils, he- buffaioes, bullocks, etc. Relationship between plaintiff and defendants, is not in dispute. Defendants 1, 2, 4 and 6 are plaintiff's brothers and defendants 3 and 5 are his misters. Shaikh Abdul Gani, father of plaintiff and defendants, died on 29th November, 1973. On the basis of admitted relationship plaintiff claimed 2/12th share, which share, each of the sons of Shaikh Abdul Ghani would be entitled to in law ; Defendants 3 and 5, being sisters, would be entitled to 1/12th share each. Plaintiff sought for a decree in the above terms.

(3.) Defendant-1 (Appellant) contested the suit ; his contention was, that Shaik Abdul Ghani had executed a Will on 9-11-1973 in respect of item-l of 'A' Schedule ptoperties and therefore he was the sole heir or item,-l 'A' Schedule to the exclusion of others.