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1957 Supreme(Ker) 207

T.K.JOSEPH, KOSHI
Muhammad Pathummal Kadija Beevi – Appellant
Versus
Mohammad Pathummal – Respondent


Judgment :-

1. This is a plaintiff's appeal from the decree dismissing a suit for partition and recovery of her share in the properties of her father Kuttikannu Mytheen Kannu who died on 7-10-1124. The plaintiff and defendants 2 to 6 are the children of Mytheen Kannu and his widow the 1st defendant. They had four daughters and two sons, defendants 2 and 3. The plaintiff's case was that she was entitled to a 7/ 64th share in the properties. Defendants 2 and 3 resisted the suit alleging that the properties in schedule A were gifted to them by their father under Ext. A dated 2-7-1123 and that the plaintiff and other heirs of their father were not entitled to claim any share in the same. Items Nos. 10 and 11 in schedule A had been mortgaged with possession by Mytheen Kannu to the plaintiff at the time of her marriage and these items were in the plaintiff's possession at the time of the gift. According to defendants 2 and 3 all the other immovable properties came into their possession under Ext. A The defendants denied having come into possession of the movables in schedule B. Defendants 1, 4 and 6 supported the plaintiff. The plaintiff filed a replication stating that defendants 2 and





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