IBRAYIN Vs. THITHUMMU

JUDGEMENT

(1.) Aggrieved by the order of remand by the lower appellate court in a suit for partition, directing the court below to frame an additional issue as to whether the suit claim raised by the plaintiffs is barred by ouster, the contesting defendants in the suit have come up in appeal.

(2.) Heard the learned senior counsel appearing for the appellants and the learned counsel appearing for the respondents/plaintiffs.

(3.) For appreciation of the issues involved, I shall narrate facts in brief: Plaint schedule property originally belonged to one Pulakkel Hydruman. Upon the death of Hydruman, his rights in the property devolved on his wife Beerayumma and children, Pathukutty and Muhammed. They were enjoying the property in co-ownership. Thereafter, Beerayumma died. Later, on the death of Pathukutty and Muhammed, their rights in the property devolved upon the plaintiffs. Plaintiffs 1 to 3 are the children of deceased Pathukutty. 4th plaintiff is the granddaughter of Pathukutty, whose mother Sainaba was dead. 5th plaintiff is the daughter of Muhammed.