BELLIE

This Letters Patent Appeal arises out of a partition suit. Though the suit has been filed in respect of several items of properties, we are now concerned only with item III of plaint 'A' schedule property. The suit property originally belonged to one Abdul Mohamed Rowther. The plaintiff is one of his two daughters. First defendant is his wife, second defendant is the other daughter and defendants 3 and 4 are his sons. Seventh defendant is his brother and defendants 4 and 5 are respectively the brother and sister of the mother of the first defendant. Sixth defendant is an alienee-purchaser of the suit item III of the 'A' schedule from the first defendant. Item III of 'A' schedule is a storeyed house. The site on which the building stands belongs to the first defendant by virtue of a settlement deed executed by her mother in her favour in respect of 49/56 shares of the land she owned there. It appears there was a tiled house in that site, but the plaintiff's father i.e., the husband of the first defendant demolished that house and in its place constructed the present storeyed house. It is the further case of the plaintiff that her mother orally gifted the site to hi