KASIM BEEVI Vs. SOWR BEEVI

JUDGEMENT

(1.) AGGRIEVED by the order and decretal order, dated 30.9.1994 made in A.S. No. 197 of 1993 on the file of the Court of the Additional Sub-ordinate Judge, Dindigul, preferred against the judgment and decreetal order, dated 30.8.1991 in O.S. No. 734 of 1983 on the file of the Additional District Munisif, Dindigul, defendants 1 to 6 and 9 have preferred this appeal.

(2.) THE case of the plaintiff as put of the before the Trial Court is as follows:THE suit property and other properties originally belonged to Sheik Ismail Rowther. He died intestate leaving behind six sons, namely Madharsha, Mohammed Meera, Mohammed Aliyar, Peer Mohammed, Sikandar Basha and Khadersha. After the demise of Sheik Ismail Rowther, all his six sons inherited his properties and were in possession and enjoyment of the same. Subsequently, the eldest son Madharsha died and his legal heirs executed the Release Deed, Exhibit A-3, dated 8.2.1974 in favour of remaining five sons. THE legal heirs of the deceased Mohammed Aliyar, Peer Mohammed and Sikkander Batcha released their share in favour of Khader Sha, the sixth defendant. Since the sixth defendant obtained more share he has been in possession and enjoyment of the suit properties. Sowr Beevi, daughter of the deceased Peer Mohammed, who is the son of the deceased Sheik Ismail Rowther purchased the 1/6th share from her mother and three brothers under Exhibit A-2-Sale Deed, dated, 14.12.1982. She filed a suit for partition of her 1/6th share in O.S. No. 734 of 1983.

(3.) ACCORDING to the defendants, the plaintiff cannot dispute the oral partition since their sale deed Exhibit A-2 itself admits oral partition and the plaintiff's reliance on Exhibit A-3,Release Deed is misplaced. Since the original of the document is not filed, the plaintiffs sale deed, Exhibit A-2 itself recites an oral in the family. It is the case of the defendants that Exhibit B3, an unregistered document can be used for a collateral purpose to prove possession and that a family arrangement does not require registration.