Mohamood vs Adam (Died) - 2024 Supreme(Ker) 1465

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 1465

Mohamood – Appellant
Versus
Adam (Died) – Respondent

Advocates:
Advocate Appeared:
For the Appellants : M.K. Sumod, Vidya M.K., Namitha George, Deepa Narayanan, Thushara K.
For the Respondents: Veena Hari, Nirmal S.

JUDGMENT :

Sathish Ninan, J.

1. The preliminary decree in a suit for partition is under challenge in these appeals by the plaintiff and the third defendant. RFA 777/2016 is by the plaintiff and RFA 35/2019 is by the third defendant.

2. The plaintiff and defendants 2 to 4 are the children of Adam (the first defendant) and late Ayisha. The additional 5th defendant is the second wife of Adam. The properties sought to be partitioned are described in 'B' schedule items 1 to 4. The issue in these appeals is confined to 'B' schedule item No. 1.

3. An extent of 72 cents of property, of which the plaint 'B' schedule item No. 1 property forms part, originally belonged to the father, Adam (first defendant) under Ext.B1 Kanam assignment deed.

4. According to the plaintiff, in the year 1963 Adam (first defendant) gifted the entire property to his wife Aiysha under an oral gift. Subsequently, Aiysha along with the first defendant executed Exts.A2 and A4 assignments, in favour of the third defendant regarding the remaining portion of the property, excluding plaint B schedule item 1. After the death of Ayisha, the first defendant Adam, describing himself as a legal heir of Ayisha and tracing title in s