P.B.SURESH KUMAR
C. H. NABEEZA – Appellant
Versus
K. H. ABDUL KAREEM – Respondent
P.B. SURESH KUMAR, J.
1. The plaintiff in a suit for partition is the appellant in this Second Appeal. The properties sought to be partitioned belonged to Hassan, the father of the plaintiff. The defendants are the siblings of the plaintiff. Hassan died intestate. According to the plaintiff, 1/14 share in the suit properties devolved on her on the death of Hassan. The suit was, therefore, filed seeking partition of the said share of the plaintiff. The defendants contended that Hassan had executed Ext. B1 gift deed in respect of an item of property in favour of the plaintiff on condition that the plaintiff will not have any claim in his remaining properties on his death and the plaintiff who accepted Ext. B1 gift subject to the condition attached to it, cannot claim partition in respect of the suit properties left behind by Hassan on his death.
2. The trial court rejected the contention raised by the defendants and decreed the suit. However, in appeal, the appellate court reversed the decision of the trial court and dismissed the suit, accepting the contention of the defendants. The plaintiff, who is aggrieved by the decision of the appellate court, has thus come up in this
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