MUHAMMED HAMSATH Vs. MAHAMMED BASHEER

JUDGEMENT

(1.) Challenging the concurrent findings entered by the Munsiff's Court, Chengannur in O.S.No.250 of 1997, followed by those of the Subordinate Judge's Court, Chengannur in A.S.No.198 of 2008, the defendants have come up with this second appeal.

(2.) The suit is one for partition. The trial court decreed the suit in terms of the plaint and passed a preliminary decree and judgment, thereby declaring 64/72 shares to the plaintiff and 8/72 shares to the 1st defendant, from the plaint schedule property. Aggrieved by the said judgment and decree, the defendants preferred A.S.No.198 of 2008 before the lower appellate court. The lower appellate court concurred with the findings entered by the trial court and dismissed the appeal.

(3.) The plaintiff is none other than the younger brother of the 1 st defendant. The plaintiff, the 1 st defendant, Abdul Majeed, Isha Beevi, Pathumma Kunju and Sainaba Beevi are the children of late Moideen Muhammad and Kunjumma. Moideen Muhammad died in the year 1123 M.E. and Kunjumma died on 25.03.1980. Late Moideen Muhammad had a brother named Moideen Marackar. Moideen Marackar has a son named Kathirukunju. Both Moideen Muhammad and Moideen Marackar are the children of late Moideen. The 2 nd defendant is the son of 1 st defendant.