TAYUB KHAN ALIAS TAYUB SULTAN Vs. HAIRUNNISSA BEEVI

JUDGEMENT

(1.) The plaintiff in O.S.No.8/86 on the file of District Munsif, Ramnad, whose suit for partition was on reversal of the judgment and decree of the trial court, was dismissed in the first appellate Court, against which the Second appeal was preferred.

(2.) The averments found in the plaint are as follows: The suit property belonged to one Nalla Meera Ravoothar, from whom his second wife Kadar Beevi purchased it on 23.8.1915 and was in enjoyment thereof. Her only son Varusai Mohammed predeceased her. Kadar Beevi also died in 1949. The issues of Varusai Mohammed are Tayub Khan, the plaintiff, Hajee Mohamed Zackariya, the fourth defendant and one Syed Mohammed, whose wife was the first defendant and children are second and third defendants. After the death of Kadar Beevi, Syed Mohammed and the fourth defendant were commonly in enjoyment of the suit property and assessment was also made only in the name of brothers. Thus, the plaintiff is entitled to one fourth share, which is equivalent to 48/144 share. As Syed Mohammed died, his share of 48/144 would devolve on the second and third defendants jointly entitled to 32/144; the first defendant entitling to 6/144 share and the plaintiff and the fourth defendant each entitling to 5/144, thus making the plaintiff in total entitling to 53/144. The plaintiff issued a notice on 6.1.86 and defendants 1 to 3 sent a reply on 13.1.1986 containing false averments. Hence the suit was filed.

(3.) The fourth defendant has filed a written statement adopting the contentions made in the plaint.