MOHAMOOD Vs. ADAM

JUDGEMENT

(1.) The preliminary decree in a suit for partition is under challenge in these appeals by the plaintiff and the third defendant. RFA 777/2016 is by the plaintiff, and RFA 35/2019 is by the third defendant.

(2.) The plaintiff and defendants 2 to 4 are the children of Adam (the first defendant) and late Ayisha. The additional 5th defendant is the second wife of Adam. The properties sought to be partitioned are described in 'B' schedule items 1 to 4. The issue in these appeals is confined to 'B' schedule item No.1.

(3.) An extent of 72 cents of property, of which the plaint 'B' schedule item No.1 property forms part, originally belonged to the father, Adam (first defendant) under Ext.B1 Kanam assignment deed.