S RAJ Vs. RAJAKANIAMMAL

JUDGEMENT

(1.) FIRST defendant and legal heirs of second defendant in O.S.No.101 of 1983, on the file of the Principal Subordinate Judge's Court, Tirunelveli, are the appellants before this Court.

(2.) FIRST respondent herein filed the above suit for partition on the following grounds: The property originally belonged to one Abubucker Maricar, his brothers Mohammed Ali, Muthu Wappa and his three sisters Mohammed Bathumuthu, Sheera Mudalial, and Mohideen Bathu and their mother Ahammed Meera Ammal. The shares of all the daughters, i.e., 21/72 shares were purchased by the plaintiff on 27.9.1979 as per Ex.A.l. It is seen that the mother had executed a gift of her l/8th share in the property to her son Muthu Wappa, i.e., Ex.A.2, dated 18.5.1971. Later, Muthu Wappa sold that share to the plaintiff herein, as per Ex.A.3. On the basis of these documents, plaintiff claims that she is entitled to 30/72 shares in the suit property. She wants the same to be partitioned by metes and bounds.

(3.) BOTH the Courts below held that Exs.B.l and B.2 do not cover mother's share and, therefore, plaintiff is entitled to a decree for partition as prayed for. It came to the conclusion on interpretation of the document that the intention of Muthu Wappa was only to convey his right to the appellants, and not what he obtained from his mother.