SALEEMA BEEVI Vs. A JAFFER SAIT

JUDGEMENT

(1.) THE non -suited plaintiff in suit for partition has preferred the instant Second Appeal as against the judgment and decree dated 26.06.2008 passed in A.S. No. 521 of 2006 on the file of the learned VI Additional Judge, City Civil Court, Chennai, confirming the judgment and decree dated 05.04.2006 in O.S. No. 3395 of 2000 passed by the learned I Assistant Judge, City Civil Court, Chennai.

(2.) ACCORDING to the plaintiff, the suit property was owned by her father E.C. Mohammed Abdul Khader, who obtained a portion under the partition deed dated 21.6.1956 and other portions by way of purchase and after his death on 08.01.2000, she became entitled to 1/5th share of the same as per Muslim Law while his other legal heirs are her brothers, viz., defendants 1 and 2. It is alleged that during 1996, when her father suffered sudden paralytic stroke attack and was unconscious, defendants 2 to 5 frauduently fabricated documents by way of four settlement deeds and obtained his thumb impression. The main grievance of the plaintiff is that the deceased had no intention at any point of time excluding her from inheriting a share in the suit property. The plaintiff, claiming that she is entitled to 1/5th share in the suit property and the rental income and that she is in joint possession along with defendants 1 and 2 in respect of the suit property, filed the suit for division of the suit property by metes and bounds and delivery of possession of her 1/5th share, for appointment of Advocate Commissioner or Receiver to collect the rents and to pay 1/5th share in the rental income from the suit property.

(3.) THE first defendant filed written statement admitting that the plaintiff is entitled to 1/5th share under the Muslim Law of Inheritance. He also admitted the fabrication of documents by the defendants 2 to 5 besides stating that he is also entitled for partition of his 2/5th share and sought to pass a preliminary decree for partition granting 2/5th share to him.