ABDUL RASHEED Vs. ABDUL JABBAR

JUDGEMENT

(1.) Estate of one Abdul Latiff and his spouse Fathima Beevi @ Batcha Ammal is the subject matter of a partition suit, out of which the instant second appeal arises.

(2.) Abdul Latiff and Fathima Beevi @ Batcha Ammal had four sons and four daughters, i.e., 8 children in all. Abdul Latiff died in 1965 and Fathima Beevi @ Batcha Ammal died in 1982. Thereafter, one son P.Abdul Jabbar filed a partition suit against his seven siblings. This partition suit is O.S.No.114 of 1985 on the file of the 'Subordinate Judge's Court at Kumbakonam', which shall hereinafter be referred to as 'trial court'. In this suit in the trial court, as mentioned supra, the sole plaintiff arrayed his seven siblings as defendants 1 to 7. Tenants / lessees in various properties forming part of the aforesaid estate were arrayed as co-defendants, i.e., defendants 8 to 15. There are four schedules to the plaint, i.e., Schedules A, B, C and D. Schedule A is the genealogy tree. Schedule B consists of 36 items of immovable properties, which according to the plaintiff are his father Abdul Latiff's properties. Schedule C consists of five items of immovable properties and according to plaintiff, this is mother Fathima Beevi @ Batcha Ammal's properties. Schedule D also consists of five items, but all five items are movable properties.

(3.) There is no dispute or disagreement that Abdul Latiff, his spouse and all parties to the lis who are entitled a share in the estate profess Islamic Faith owing to which they are governed by the Muslim Succession Act. Therefore, the four sons are entitled to 2/12 share each and four daughters are entitled to 1/12 share each. On this basis, aforesaid suit in the trial court was launched with prayers for partition of plaintiff's 2/12 share in Schedules B, C and D properties (which shall hereinafter collectively be referred to as 'suit properties' for the sake of brevity) and for actual distribution of plaintiff's 2/12 share by metes and bounds by appointing Commissioner for partition of properties. Prayer for accounts and other usual residuary prayer and prayer for costs also form part of the prayer. Defendants entered appearance and pleadings were completed.