ZENITH AND ORS. Vs. SAKKIR HUSSAIN AND ORS.

JUDGEMENT

(1.) These appeals arise from the decision in O.S. No. 214 of 1994 on the file of the Sub Court, Manjeri. A.S. No. 162 of 2002 is by the plaintiffs and R.F.A. No. 796 of 2009 is by defendants 1 to 4. The suit was one for partition of plaint B schedule properties. Plaint B schedule properties belonged to one Maanu @ Mohammed. The fifth defendant is the first wife and the sixth defendant is the second wife of Maanu. The plaintiffs and defendants 1 to 4 are the children of Maanu in his first wife and defendants 7 and 8 are the children in his second wife. Maanu died on 7.3.1994. The case of the plaintiffs is that on the death of Maanu, the plaint B schedule properties devolved on the plaintiffs and the defendants. While defendants 1 to 5 supported the claim of the plaintiffs for partition, defendants 6 to 8 opposed the claim contending that Maanu had transferred a portion of plaint B schedule properties to them and that the said portion is not partible. According to the plaintiffs, Maanu was not having a sound state of mind and therefore, the alienations, if any, made by Maanu are void and not binding on plaint B schedule properties.

(2.) The evidence in the case consists of the oral testimonies of PW1 and PW2 on the side of the plaintiffs and the oral testimony of DW1 and Exts. B1 to B8 documents on the side of the defendants. A document called for at the instance of the plaintiffs was marked as Ext. X1 in the proceedings. Among the documents produced by the defendants 6 to 8, Exts. B3 to B5 are the documents by which a portion of the plaint B schedule properties was transferred by Maanu in their favour.

(3.) The trial court held that the documents executed by Maanu in favour of defendants 6 to 8 are not void and accordingly, passed a decree for partition in respect of the remaining properties. The plaintiffs and defendants 1 to 4 are aggrieved by the said decision of the trial court in so far as a decree was not granted to them in respect of the properties transferred by Maanu to defendants 6 to 8.