1. Thedefendant is the appellant.

2. The respondent filed a suit for partition of his three fourth share in the suit property and have separate possession of three fourth suit property and other reliefs. The suit properties only belonged to one Haji Shahul Hameed(SH). He died on 12.1.1986. As per Mohamedan Law the appellant (his wife) and the respondent (his brother) are his heirs, the respondent being entitled to three fourth share and the appellant one fourth. Prior to the suit the respondent sent suit notice dated 27.1.1986 claiming partition to which the appellant replied on 6.7.1986 for which a rejoinder had also been issued. The claim made by the appellant that her husband had given her the properties by a gift deed dated 10.1.1984 was false. The gift deed was obtained from SH when he was under the undue influence of the appellant and not in a lucid mental condition so any document obtained from him is void. Several properties to which SH had neither right nor title have been included fraudulently in the document dated 10.1.1984. Item Nos.ll and 12 of the suit properties actually belonged to SH and they were purchased benami in the appellant's name. The gift deed w