MOHAMMAD IBRAHIM Vs. SYED MUHAMMAD ABBUBAKKAR AND ORS.

JUDGEMENT

(1.) THE third defendant in O.S. No. 234 of 1962 on the file of the Court of the Subordinate Judge. Coimbatore, is the appellant in Appeal No. 533 of 1969. Defendants 18 to 20 who are the legal representatives of the 12th defendant in the said suit are the appellants in Appeal No. 203 of 197O. The suit was filed by the plaintiff for partition and separate possession of his 14/144th share in Schedules B to F properties. Sheik Hussain Din I and Sheik Magdoom were brothers. They had considerable properties in which each had a half -share therein. In 1888 Sheik Hussain Din I died leaving behind him his widow Sheikammal, two daughters Varu Ismail Bibi and Khader Hussain Bibi and two sons Khader Hussain Din and Sheik Hussain Din II. Varu Ismail Bibi had a daughter Meeran Bibi who died leaving behind defendants 21 to 24 as her legal representatives. She had another son Syed Mohammed Abbubakkar, who is the plaintiff in the action. Khader Hussain Bibi, the other daughter of Sheikammal died in 1944 and her heirs are defendants 8 to 11. Khader Hussain Din (the first son of Sheikammal) married Rahima Bibi, the 7th defendant in the suit and left behind him his heirs defendants 2 to 6. Sheik Hussain Din II died unmarried on 27th July, 1961.

(2.) THE first defendant supports the plaintiff's case. The second defendant' case is that the properties described in schedules B to F did not belong to Sheikammal and her children and in particular he would say that the properties described in the E schedule excepting S.F. No. 163/A -2 were purchased by Khader Hussain Din and Sheik Hussain Din II on 21st June, 1912 from one Khadarsa Rowther of Ayakudi, that the £ Schedule properties belonged only to the father of the first defendant and his uncle and that the plaintiff, his mother or grand -mother did not have any right, title or interest therein. It is the case of the defendant that the plaintiff has no right over the B Schedule properties, that the half -share of Sheik Magdoom therein was sold in 1902 itself that defendants 2 to 6 and their uncle Sheik Hussain Din II were adversely in possession of the B Schedule properties, that the plaintiff's mother in an earlier suit filed by her in 1913 did not even claim any share in the said properties and that therefore, the plaintiff has no right to them.

(3.) THE other defendants filed formal written statements. On the above pleadings the following issues and additional issues were framed -