SALMA BEEVI Vs. NASIMUDEEN

JUDGEMENT

(1.) Defendants 1,3 and 4 are the appellants. Plaintiff (first respondent herein) filed the suit against defendants 1 to 4 for partition and recovery of possession of 119/144 shares out of the plaint schedule property ignoring the sale deed dated 9-5-1963 in first defendant's favour and also the assignment deeds executed by him in favour of defendants 3 and 4.

(2.) The plaint schedule property belonged to plaintiffs father. After his father's death, the property devolved on him, his mother (second defendant) and sister Suhuruman Beevi. Sister died during her minority. Plaintiff and mother alone became entitled to the property. Plaintiffs mother executed Ext A-2 sale deed (original of the same is marked as ExtB-8) in favour of the first defendant acting as the guardian of minor plaintiff.

(3.) Contention of the plaintiff is that Ext B-8 sale deed is void ab initio as his mother was not legally competent to execute it as his guardian. The Trial Court held that ExtB-8 is an invalid document and that whatever improvements have been effected in the property would not confer any right on the assignees. Preliminary decree for partition granted in favour of the plaintiff allotting 119/144 shares has been confirmed by the first appellate Court