AKBAR SEIT Vs. ALAVUDHEEN

JUDGEMENT

(1.) This appeal arises out of a suit for partition. The respondents 1 and 2 herein, namely, Alavudheen and Azeez filed O.S.No.104 of 2012 on the file of the Additional District Judge (FTC), Palani claiming 56/96th share in the suit schedule properties for themselves.

(2.) The first defendant / appellant herein Akbar Seit is the brother of the plaintiffs. Valarmathi / third respondent herein was shown as the second defendant. She is their sister. The case of the plaintiffs is that the suit scheduled properties belonged to the father Jamal Mohamed. Jamal Mohamed died intestate in the year 1993.

(3.) The suit was mainly contested by the appellant / first defendant. He filed written statement raising several defences. Based on the rival pleadings, the Court below framed the issues.