ASMA AMMAL Vs. SULTHAN ABDUL KATHAR

JUDGEMENT

(1.) THIS appeal is focussed as against the judgment and decree dated 19. 04. 1991 passed by the learned Subordinate Judge, Mayiladuthurai in dismissing the suit in O. S. No. 68 of 1986, which was filed by the plaintiffs as against the defendants. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

(2.) THIS appeal is directed only relating to item No. 3 of the suit property and hence, the facts relating to item Nos. 1 and 2 are not set out here under.

(3.) BROADLY but briefly, the case of the plaintiff as stood exposited from the plaint could be portrayed thus: three items of immovable properties described in the schedule of the plaint originally belonged to one Mohammed Ibrahim. He had two wives by name Rohayya Ammal and Sultan Beevi. Rohayya Ammal had one daughter by name Sabiya Ammal whose children are D1 Sultan Abdul Khadar and D2 her daughter Subedha Beevi. The said Mohammed Ibrahim through his first wife Sultan Beevi had two daughters by name Asiya Ammal and Mariam Beevi. Asiya Ammal had one son by name Badruzamane who, in turn had three children viz. , the plaintiffs 2, 3 and 4 through his wife, the first plaintiff. The said Asiya Ammal was entitled to 3588/5760 shares in the suit properties. Badruzamane as the only son of Ayisa Ammal inherited her share. On his death on 07. 08. 1983, the plaintiffs as his legal representatives entitled to the same 3588/5760 shares in the suit properties. Even though Badruzmane took steps to get the suit properties partitioned amicably, the defendants did not came forward to agree for such proposal. After exchange of notices, the suit has come to be filed.