ABDUL RAHEEB (DIED) Vs. S M BASHEER (DIED)

JUDGEMENT

(1.) The second appeal had been filed challenging the judgment and decree in A.S.No.231 of 1992, dated 30.08.1995 on the file of the I Additional Subordinate Court, Trichy, which judgment confirmed the judgment and decree in O.S.No.1795 of 1984 by the Principal District Munsif, Trichy.

(2.) O.S.No.1795 of 1984 had been filed seeking a judgment and decree for partition and separate possession and future mesne profits. It had been filed by Abdul Raheeb against two defendants, S.M.Basheer and Rabia Bibi.

(3.) In the plaint, it had been stated that the suit property in O.D.No.11, Begum Pallivasal Street, T.S.No.440 originally belonged to Mohammed Nazeeruddeen. He had two sons, Abdul Sattar and Abdul Latheef. The plaintiff, Abdul Raheeb, is the son of Abdul Latheef. The second defendant, Rabia Bivi, is the only daughter of Abdul Sattar. Both Abdul Sattar and Abdul Latheef have died. By document, dated 31.01.1935, the suit property was divided into two portions by the original owner, Mohammed Nazeeruddeen. The eastern side portion was allotted to Abdul Sattar and the western side portion was allotted to Abdul Latheef. It had been stated in the plaint that the document was acted upon.