A ABDUL RAHIM Vs. JULAIGA BEEVI

JUDGEMENT

(1.) DEFENDANT in O.S.No.17 of 1985 on the file of the Additional District Judge, Pondicherry at Karaiakal is the appellant herein. The plaintiffs/respondents herein filed the said suit for a preliminary decree declaring that the plaintiffs and defendant are entitled to 3,7 and 14 shares in the estate of the deceased Abdul Gafoor. The learned Additional District Judge, Pondicherry at Karaikal on the basis of the oral and documentary evidence, decreed the suit; hence the present appeal by the defendant.

(2.) THE case of the plaintiffs/respondents is briefly stated hereunder:- THE first plaintiff is the wife of the deceased Abdul Gafoor, son of Abdul Gani Rawthar. THE 2nd plaintiff is the daughter of the first plaintiff and the deceased Abdul Gafoor. THE defendant is the son of the said deceased Abdul Gafoor. THE said Abdul Gafoor died intestate at Bombay on 9.10.80. On the death of Abdul Gafoor, as his only legal heirs, the plaintiffs and the defendant are entitled to inherit the estate of the deceased as per the Mahomedan Law of succession. At the time of filing of the suit, the defendant was residing in France and the property at Ambagarathur and Nallazhundur are in the possession and enjoyment of the plaintiffs and defendant as tenants in common. THE income from the estate of the deceased are enjoyed by third parties at the instance of the defendant. THErefore, the plaintiffs want partition of their shares in the estate. On 25.3.85 the plaintiffs caused a notice to the defendant for an amicable partition and separate possession by metes and bounds of the suit schedule properties. But there was no reply from the defendant. As per Mahomedan Law of Inheritance, the estate of the deceased Abdul Gafoor is liable to be divided into 24 shares and in which the plaintiffs and the defendant are respectively entitled to 3, 7 and 14 shares, and, therefore, the suit A and B schedule properties may be divided accordingly and the plaintiffs may be allotted their share.

(3.) I have carefully considered the rival submissions.