HAJIRA Vs. SARUBAI

JUDGEMENT

(1.) Plaintiff is the appellant. She filed the suit for partition of item No.1 property and sought for permanent injunction with regard to item No.2. The Trial Court granted injunction with regard to item No.2 and refused to grant decree as regards item No. l.

(2.) Plaintiff is the second wife of Abdul Karim Ismail Sait. First defendant is his first wife and other defendants are his children through her. The sole question to be considered in the appeal is as to whether the plaintiff is entitled to claim partition of item No.1 property.

(3.) It is common case that the disputed property belonged to Abdul Karim Ismail Sait. Plaintiff claims half right in the property on the strength of Ext.A5 gift deed. Defendants challenge the validity of Ext.A5 being gift of undivided share in a property which is capable of division. According to them, doctrine of Mushaa under Mohamedan Law applies and so Ext. A5 has no validity.