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2012 Supreme(Ker) 208

HARUN Ul RASHID
Jameela Beevi – Appellant
Versus
Basheer – Respondent


JUDGMENT :

Plaintiff is the appellant. The appeal is directed against the judgment and decree in O. S. No. 105/1986 on the file of the Additional Sub Court, Irinjalakuda. Suit was filed for setting aside Ext. A2 sale deed dated 9-12-1974, partition and separate possession of 1/6th share and for share of profits and costs. The trial Court dismissed the suit with costs. Parties hereinafter are referred to as the plaintiff and defendants as arrayed in the suit.

2. Plaintiff is claiming share in the plaint schedule property as one of the legal heirs of Bavunni. Bavunni died on 31-3-1982. Defendants 1 to 4 are the other children of Bavunni and the 5th defendant is the wife of Bavunni. The 6th defendant is the brother of Bavunni.

3. The 6th defendant in the written statement contended that right of the plaintiff in the plaint schedule property was assigned to him and he purchased the same for value and in good faith. Ext. A2 is the sale deed executed by the plaintiff in favour of the 6th defendant. According to the 6th defendant, the plaintiff is not entitled to any share on Bavunni— s death since she released her share in favour of the 6th defendant. It is pleaded in the written statemen












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