MADATHIL THATTANTAVITA KHALID Vs. PALOTT MOOTHAMMANTAKATH SAINABI

JUDGEMENT

(1.) A. S. Nos. 257 of 1975, 302 of 1978 and 303 of 1978 arise from O. S. No. 57 of 1971, 152 of 1971 and 153 of 1971 respectively on the file of the Sub Judge, Kozhikode. The suits were jointly tried.

(2.) The main question which arose in the suits was as to the validity of Exts. B2 and B3 deeds of gift dated 4-4-1953 executed by late Hussain Sahib (hereinafter referred to as the donor) respectively in favour of his wife's sisters, Sainabi and Kadeeja, who figure as defendants 2 and 3 in O. S. No 57/1971 hereinafter referred to as the donees). The parties shall be referred to in the order in which they appear in O. S. No 57 of 1971. It was contended by the plaintiff that being the donor's brother's son and heir, he was entitled to 3/4 share of the plaint schedule properties together with mesne profits. Accordingly O. S. No. 57/1971 was instituted by the plaintiff for partition and separate possession of his 3/4 share. The plaintiff is the 2nd defendant in both O. S. Nos 152 and 153 of 1971 which are instituted by Sainabi, one of the donees and the 2nd defendant in O. S. No. 57 of 1971, for arrears of rent in respect of shop rooms in item 2 scheduled to O. S. No. 57 of 1971 and covered by Ext. B2.

(3.) The learned Judge while accepting the plaintiff's claim regarding item 1 of the plaint schedule properties as well as the amount received by the 1st defendant under the insurance policy on the life of Hussain Sahib, rejected his contentions concerning items 2 to 4 which are the properties covered by the gift deeds Exts. B2 and B3. A preliminary decree was accordingly passed in O. S. No. 57 of 1971 only in respect of item 1 and the insurance amount. O. S. No. 152 of 1971 and 153 of 1971 were decreed.