SHAMSUDEEN M ILLIAS Vs. MOHAMMED SALIM M IDRIS

JUDGEMENT

(1.) Whether the marriage between a Muslim male and a Hindu female is void Whether the child born in that relationship is legitimate and if so whether, the child will inherit the estate of the father These are the interesting questions to be decided in this second appeal.

(2.) Appellant instituted the suit before Sub Court, Thiruvananthapuram claiming partition and separation of his 14/16 shares in the plaint A schedule property and half right over "plaint B schedule property. Plaint A and B schedule properties admittedly originally belonged to Mohammed Bias. The case of appellant was that 8th defendant was the first wife of Mohammed Ilias and there was no issue in that wedlock and thereafter Mohammed Ilias married 9th defendant in 1120 M.E. and they were residing together as husband and wife in House No. T.C. 13 of Poojappura ward of Thiruvananthapuram and appellant was born to 9th respondent in that wedlock and after the death of Mohammed Ilias 9th defendant married Aliyarkunju and appellant is the only son of Mohammed Ilias and on his death his rights devolved on appellant and first defendant, the brother of Mohammed Ilias and therefore each of them is entitled to one share in plaint B schedule property as the grandson of Zainam Beevi, the mother of Mohamed Ilias and first defendant. He claimed that plaint a schedule property belonged to Mohammed Ilias and on his death, appellant is entitled to 14/16 shares and the remaining shares vest in defendants 8 and 9, the widows.

(3.) First defendant filed in written statement along with defendants 2 to 4 contending that 9th defendant is not the widow of deceased Mohammed Ilias and appellate is not the son born to 9th defendant in Mohammed Ilias and Mohammed Ilias did not marry 9th defendant and therefore appellant is not entitled to claim any share. It was also contended that plaint schedule properties and the remaining properties are in the absolute possession and enjoyment of first defendant, ever since the date of death of his brother Mohammed Ilias and their mother Zaina Beevi and first defendants executed a settlement deed in favour of defendants 2 to 7 and it is valid and binding and appellant is not entitled to any relief 8th defendant filed a written statement admitting the plaint allegations that appellant is the son Mohammed Ilias born to the 9th defendant.