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2000 Supreme(Ker) 546

D.SREEDEVI
Mohammed Kunju Abdul Khader – Appellant
Versus
K. M. Usmankutty – Respondent


Advocates:
S. Venkatasubramoni Ayyar (Senior) and V. Giri, for Appellant; Dr. P. S. Krishna Pillai, for Respondents.

JUDGMENT :-

This appeal is directed against the decree and judgment in A.S. No. 105 of 1987 of the District Court, Alleppey, which was filed against the decree and judgment in O.S. No. 413 of 1983 of the Munsiff's Court, Alleppey. The 1st defendant before the trial Court is the appellant and the plaintiff and 2nd defendant are the respondents. The 1st respondent/plaintiff filed the above suit for partition and recovery of possession. The plaintiff's case in brief is this : The plaint schedule property and the building standing thereon were purchased by one Sulekha Umma and her brother Azeez. Sulekha Umma passed away. Her legal representatives are her three children, Rehma Beevi, Latheefa Beevi and Abdu Rehman. Azeez has transferred all his rights in favour of the children of Sulekha Umma and thus the children of Sulekha Umma have become the absolute owners of the plaint schedule property. The plaintiff is the husband of Rehma Beevi. The 2nd defendant is the son of the plaintiff. Rehma Beevi died in 1957. Her right devolved on her legal heirs, the plaintiff and the 2nd defendant.

The plaintiff is entitled to 1/4th share and the 2nd defendant is entitled to 3/4th share over 7/24 shar

















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