ABDUL JABBAR Vs. KAMARUNISHA

JUDGEMENT

(1.) THE defendant in the original suit is the appellant in the appeal. Kamarunisha, the respondent herein filed the suit O.S. No. 102 of 2003 on the file of the Additional District Judge of Pondicherry at Karaikal against Abdul Jabbar, the appellant herein for partition claiming 1/2 share in the suit property.

(2.) THE appellant herein/defendant did not dispute the contention of the respondent/plaintiff that she is having an undivided share in the suit property. At the same time, it was his contention that the respondent/plaintiff did have only 1/3rd share whereas the appellant/defendant was entitled to 2/3rd share in the suit property. The appellant/defendant also sought for a decree for partition claiming that he was entitled to 2/3rd share in the suit property. Necessary Court fee was also paid by him for allotment of his share.

(3.) KAMARUNISHA , the respondent herein filed the suit praying for partition claiming 1/2 share in the suit property based on the averments in the plaint which are, in brief, as follows: - -