ELIPE DHARMA RAO, J.

( 1 ) THIS second appeal is filed by the unsuccessful plaintiff who lost before both the courts below.

( 2 ) THE point for consideration in this second appeal is whether the gift made by late Alikhan bequeathing entire property in favour of the defendants is valid and binding on the plaintiff? in order to appreciate the question, it is necessary to notice the facts of the case. The parties are referred to herein as they are arrayed in the suit. The plaintiff is the daughter of Pathan Alikhan who died intestate on 16-10-1981. First defendant is his wife and defendants 2 to 5 are sons and defendants 6 and 7 are his daughters. The plaintiff was born through the first wife of Alikahn namely, Tara Bi. Defendants 2 to 7 are the children born through his second wife, first defendant. The suit schedule properties belonged to Alikhan. After his death, first defendant is managing the properties. First defendant accounted for mesne profits only for one year and thereafter no accounts were maintained. Therefore, the plaintiff demanded for partition of the suit schedule properties. In spite of several demands, first defendant did not partition the properties. Hence, the plai

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