Pareed Pillay, J.

1. Plaintiff in O.S. 2 of 1977 of the Sub Court, Attingal is the appellant. Her suit for partition was dismissed by the Sub Judge having accepted the validity of Ext. B-1 gift in favour of the 1st defendant. This finding was confirmed in A.S. 540 of 1979 by the District Judge, Trivandrum.

2. The plaint schedule property belonged to deceased Abdul Karim who was the husband of the first defendant. Plaintiff is the daughter of Mohammed Ismail who was the only son of Abdul Karim and the first defendant. Plaintiff's case is that on the death of Abdul Karim her father became entitled to 7/8 shares being the only son and the remaining 1/8 share devolved on the first defendant as the widow of Abdul Karim. Plaintiff's father died on 10th August 1976 leaving behind his second wife and three children and plaintiff as heirs. Abdul Karim's second wife and children executed Ext. A-1 release deed in favour of the plaintiff by which they released all their rights in the property to her. Plaintiff claims to be entitled to 35/48 shares. According to the plaintiff, the first defendant is entitled only to the remaining 13/48 shares. Defendants contended that Abdul Karim gifted