S.SHAHUL HAMEED Vs. BENAZIR BANU

JUDGEMENT

(1.) Feeling aggrieved by the Judgment and Decree dated November 4, 2015 passed in O.S.No.9 of 2012 by the 'District Court, Karaikal' ['Trial Court' for brevity], the first defendant therein has filed this Appeal Suit under Sec. 96 read with Order XLI Rule 1 of 'the Code of Civil Procedure, 1908' ['CPC' for short].

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

(3.) The Suit Property was originally owned by one O.A.Shamsudeen Maricar. After his demise, his wife - M.A.S.Kathija Cani, his four sons - S.Shahul Hameed (first defendant), S.Abdul Salam, S.Sulthan Abdul Kader and S.Uduman and his one daughter - S.Hameed Natchial inherited the Suit Property in accordance with Islamic Law of Inheritance and became co-owners thereof.