IBRAHIM KUNJU SHAHUL HAMEED Vs. PAKKEER MUHAMMED KUNJU

JUDGEMENT

(1.) DEFENDANTS 7 to 10 are the appellants.The suit was one for partition where the plaintiff claimed one seventh share of the suit properties.The properties belonged to one Mohammed Ummal.She executed a settlement deed Ext.A1,dated 15th April 1950 by which plaint items 1 to 9 were given to the 7th defendant and items 10 and 11 to the 8th defendant.The right to take usufructs from items 2 to 11 was reserved with the executant for life.Some 14 years thereafter,on 6th June 1964,7th defendant and Mohammed Ummal executed a gift deed marked as Ext.A2 in the case in favour of the 9th defendant reserving the right to reside in the building and to take the usufructs from there during the life time of the executants.Mohammed Ummal died on 8th January 1966.Her husband had predeceased her.Plaintiff,and defendants 1 to 6 are the children of the brothers of Mohammed Ummal 's father.

(2.) IN the plaint it is alleged that Exts.A1 and A2 are vitiated by undue influence and fraud and further they have not taken effect;proceeding on the basis that the documents are void,the suit for partition has been filed.

(3.) WHILE finding against the plea of undue influence and fraud,the Trial Court however found that Ext.A1 and A2 are void as far as items 6 to 11 are concerned.There was consequently a preliminary decree for partition of plaintiff 's 1/7th share over items 6 to 11.The appeal preferred by defendants 7 to 10 against the decree was dismissed by the Sub Court.Defendants 7 to 10 have therefore come up in Second Appeal.