SATHAR SAYEED, J. :- The unsuccessful appellants in A.S. No. 755 of 1969 have preferred the above Letters Patent Appeal. One Sheik Ismail filed a suit for partition and separate possession of his share in B, C and D schedule properties. The short case of the plaintiff was that he is the eldest son of Shamsuddin and the first defendant in O.S. No. 38 of 1960 is his sister. Defendants 2 and 3 are the sons of first defendant.

Shamsuddin had another son by name Abdul Khader who died in the year 1964 and the 4th defendant is the wife of the said Abdul Khader. The plaintiff's mother Hussain Beevi wife of Shamsuddin died in the year 1962. According to the plaintiff B schedule properties belong to his mother and he is entitled to a 3/10 share in those properties. His further case was that C and D schedule properties are family properties and he is entitled to a share in the said properties. His further case was that Shamsuddin has executed two documents, under Exs. B-7 and B-10 in the year 1966 without the consent of the other sharers and the said two settlement deeds are not valid and binding on him.

2. Therefore, he claims a share in the properties. Defendants 1 to 3 contended tha