The necessity of specific denial of documents and the importance of impleading beneficiaries in property disputes.

The unsuccessful plaintiff, in O.S.No.12 of 2009, on the file of the Additional District Judge, Puducherry, is the appellant herein.

2. For the sake of convenience, the parties are referred to, as per their ranking before the trial Court.

3. The plaintiff filed a suit in O.S.No.12 of 2009, before the learned Additional District Judge, Puducherry, for partition of 1/8th share in the suit properties and for mesne profits with cots.

4. After contest, the suit was dismissed.

5. The brief facts of the case of the plaintiff are as follows:

The plaintiff is the second wife of the deceased Hameed Sulthan. She married the said Hameed Sulthan on 01.01.1981 at Nagore as per the Muslim law. After marriage, the plaintiff was living with the said Hameed Sulthan till 1997. Thereafter, she was deserted and as a result, she filed maintenance case in M.C.No.34 of 1997. In the said maintenance case, compromise was reached between the plaintiff and the said Hameed Sulthan and the plaintiff received Rs.20,000/- as maintenance. The said Hameed Sulthan, the husband of the plaintiff died on 20.3.2008 leaving behind the plaintiff and the defendants as his legal heirs. Since the suit property was purchased by the husband of the plaintiff, according to her, she is entitled for 1/8 share. Therefore, the plaintiff issued a legal notice 29.09.2008 for which defendants sent a reply making false allegations and also prepared false documents in order to defeat the right of the plaintiff. Hence, the suit for partition.

6. The brief averments of the written statement filed by the defendants are as follows:

The defendants disputed the relationship of the plaintiff with the said Hameed Sulthan. It is the case of the defendants that there was no marriage between the plaintiff and the said Hameed Sulthan. The plaintiff was living as a concubine with the said Hameed Sulthan. It is the further case of the defendants that they are not aware of the maintenance proceedings. It is stated by the defendants that the said Hameed Sulthan never left movable or immovable properties to be inherited by the defendants, as per mohammedan law. It is also stated that said Hameed Sulthan registered settlement deed in favour of Minor Nilobar Nisha in respect of schedule "A" "B" and "C" schedule properties. "D" schedule property did not belong to the said Hameed Sulthan on the date of his death and the same belongs to Hameed Sulthan Rafeek, the 4th defendant herein. The above property was settled in favour of 4th defendant by the said Hameed Sulthan on 19.01.2004. Hence, the defendants prayed for dismissal of the suit.

7. Based on the above pleadings, the trial Court formulated as many as four issues for consideration. They are:

1. Whether the plaintiff is entitled for the relief of partition as prayed for?

2. Whether the plaintiff is not the legally wedded wife of Hameed Sulthan?

3. Whether the fourth defendant is the absolute owner of the B schedule property?

4. To what relief the plaintiff is entitled?"

8. On the side of the plaintiff, the plaintiff herself was examined as PW1 and one another witness as P.W.2 and Exs. A1 to A22 were marked. On the side of the defendants, the second defendant himself was examined as DW1 and Exs. B1 to B6 were marked.

9. The learned trial Judge, after analysing the entire evidence and documents, though found that the plaintiff is the legally wedded wife, dismissed the suit for partition on the ground that the said Hameed Sulthan had executed settlement deed during his life time and that, there was no property left for partition. Aggrieved over the same, the present appeal came to be filed by the plaintiff. However, the defendants have not chosen to challenge the finding of the trial Court that the plaintiff is the legally wedded wife of the said Hameed Sulthan. No cross Appeal whatsoever filed by the defendants.

10. It is the contention of the learned counsel for the appellant/ plaintiff that since the finding of the trial Court with regard to relationship