AYISSA Vs. SAINABI

JUDGEMENT

(1.) The plaintiff is the appellant. Parties are referred to as plaintiff and defendants. The suit is filed by the plaintiff for partition. The plaint schedule property consists of two parts of which Part I is a fishing boat by name Hidayath, Part-II consists of five items of immovable properties.

(2.) Plaintiff is the daughter of late Moideenkunhi, who died in the year 1995 and according to the plaintiff his right devolved upon the plaintiff and defendants jointly. Defendants 1 to 5 are the plaintiff's sisters and 6 and 7 are her brother's, all of them being children of Moideenkunhi.

(3.) According to the plaintiff in respect of Part II, item Nos. 1 to 3 of the plaint schedule belonged to Moideenkunhi as per kanam assignment registered as per document No. 1617/1958. Item No.4 is a purambokku land which was in the possession of Moideenkunhi and even according to the plaintiff he had no title to the said property. Item No.5 is leasehold property of Moideenkunhi. Plaintiff claims 1/10 share as a legal heir of the father.