AISHAMMA Vs. ABDUL REHIMAN

JUDGEMENT

(1.) The sole defendant in a suit for partition instituted by the respondent is the appellant in this appeal against the preliminary decree for partition.

(2.) Plaintiff has claimed half share in the plaint schedule property on the basis of Ext.A2 sale deed dated 6-6-1981. The title so claimed by the plaintiff was disputed by the defendant on various grounds. Rejecting all contentions raised by the defendant, suit was decreed for partition of the property into two shares and allotting one share each to the plaintiff and defendant. The main question raised in the appeal is the validity of the claim for half right in the plaint schedule properly on the basis of Ext.A2 sale deed.

(3.) The facts necessary for appreciating the points raised for consideration are thus: According to plaintiff, the plaint schedule property belonged to one Ramakrishna Pai and C. Mahamood. Both of them are no more now. Half right of Ramakrishna Pai over the property devolved upon his widow and six daughters. Later the widow also died. Her rights also devolved upon her six daughters. Thereafter, one of six daughters of Ramakrishna Pai, namely, Laxmi Bai executed Ext.A2 sale deed dated 6-6-1981 assigning her own right as well as the rights of her 5 sisters acting as their power holder to plaintiff. The undivided half share of C. Mahamood is claimed by the defendant, his daughter on the basis of a gift deed said to have been executed by C. Mahamood. Plaintiff has instituted the suit claiming half share in the property on the basis of Ext. A2 sale deed.