M. A. AHAMADKUNHI Vs. M. A. FATHIMA BI

JUDGEMENT

(1.) Defendants 1, 4 and 5 in a suit for partition, filed by the first respondent herein, are the appellants. The Trial Court decreed the suit granting 1/39 share to the plaintiff, which was confirmed by the Appellate Court. The parties are Muslims.

(2.) The plaint schedule property along with other properties belonged to the father of the plaintiff and defendants. After the death of the father, as per Ext. A1 partition deed dated 02/12/1985, the properties which belonged to him were partitioned among the plaintiff, the defendants and their mother. The plaint schedule property was allotted to the shares of the mother and defendants 4 and 5. Thereafter, the mother died. The plaintiff claims her share in the fractional interest of the mother in the plaint schedule property.

(3.) The first defendant contended that the mother had executed Ext. B1 Will on 25/09/1989 bequeathing her fractional right in favour of defendants 4 and 5 and after the death of the mother, the plaintiff and the first defendant consented to the disposition under the Will. Defendants 4 and 5 raised similar contentions as raised by the first defendant. However, they also contended that after the death of the mother, there was a talk and all the parties including the plaintiff consented to the disposition under the Will.