NAAZ JAFFAR Vs. J.M. SADIQ SAIT

JUDGEMENT

(1.) The appellant is the plaintiff in O.S. No. 17 of 2005 on the file of District Judge, Ootacamund, The Nilgiris District. She has filed the said suit as against her brother, who is arrayed as first defendant, for the relief of declaration to declare that her mother, deceased Zohara Jaffer Abdul Rahaman, was the absolute owner of the plaint schedule mentioned property and the recitals contained in the sale deed dated 27.01.1960 that after the death of Zohara Jaffer Abdul Rahaman, the suit property will devolve on her son/the first defendant absolutely as null and void, unenforceable; for partition of the plaint schedule mentioned property by metes and bounds into four shares and for allotment of one such share to her and to put her in exclusive possession of her share and for costs. In the said suit, the plaintiff has arrayed her sister as second defendant. The trial court dismissed the suit by the plaintiff on 10.10.2006 against which she has come forward with the present Appeal Suit.

(2.) For the sake of convenience, the parties in this appeal are referred to as per their ranking in the suit as plaintiff and defendants.

(3.) The case of the plaintiff, as could be unfolded from the averments made in the plaint filed before the trial court are as follows:-