SAJATHI BI Vs. FATHIMA BI

JUDGEMENT

(1.) SAJATHI Bi, wife of Anwar Basha, the appellant herein is the 5th defendant in the suit filed by the 2nd respondent A.S. Noordeen.

(2.) THE plaintiff/2nd respondent filed a suit in O. S. No. 16 of 1986 for declaration that he was entitled to 10/48 shares in the amounts deposited by Khader Mohideen, the brother of the plaintiff, after his death and for other reliefs contending that the Will executed by the deceased Khader Mohideen in favour of Fathima Bi, another sister, was not true and valid.

(3.) THOUGH the lower appellate Court confirmed the decree in respect of the 10/48 share in favour of the plaintiff, the 4th defendant did not choose to file any appeal. However, the fifth defendant Sajathi Bi has filed this second appeal challenging the finding by the lower appellate Court that the consent of other defendants, namely mother, brothers and other sister can be inferred as they remained ex parte before the trial Court and as such, the 4th defendant would be entitled to the entire balance share, as the Will in favour of the 4th defendant is valid to the extent of their shares.