1

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (C) NOS.7421-7422 OF 2008

SHEHAMMAL

… PETITIONER

Vs.

HASAN KHANI RAWTHER & ORS.

… RESPONDENTS

WITH

SLP(C)NOS.14303-14304 OF 2008

J U D G M E N T

ALTAMAS KABIR, J.

1.

Special Leave Petition (Civil) Nos.7421-7422 of 2008

filed by one Shehammal and Special Leave Petition (Civil)

2

Nos.14303-14304 of 2008 filed by one Amina and others, both

directed against the final judgment and order dated

18.10.2007 passed by the Kerala High Court in R.F.A.No.75 of

2004 (B) and R.F.A.No.491 of 2006, have been taken up

together for final disposal. The parties to the aforesaid

SLPs, except for the Respondent No.6, Hassankhan, are

siblings. While the petitioner in SLP(C)Nos.7421-7422 of

2008 is the daughter of Late Meeralava Rawther, the

Respondent No.1, Hassan Khani Rawther, and the Respondent

Nos.2 and 5 are the sons and the Respondent Nos.3 and 4 are

the daughters of the said Meeralava Rawther. The Respondent

No.6, Hassankhan, is a purchaser of the shares of the

Respondent Nos.2 and 5, both heirs of Late Meeralava

Rawther. The remaining respondents are the legal heirs of

Muhammed Rawther, the second respondent before the High

Court. The petitioner in SLP(C)Nos.7421-7422 of 2008 is the

plaintiff in O.S.No.169 of 1994 and the third defendant in

3

O.S.No.171 of 1992, filed by Hassan Khani Rawther, is the

Respondent No.1 in all the four SLPs.

2.

Meeralava Rawther died in 1986, leaving behind him

surviving three sons and three daughters, as his legal

heirs. At the time of his death he possessed 1.70 acres of

land in Survey No.133/1B of Thodupuzha village, which he had

acquired on the basis of a partition effected in the family

of deceased Meeralava Rawther in 1953 by virtue of Deed

No.4124 of Thodupuzha, Sub-Registrars Office. Meeralava

Rawther and his family members, being Mohammedans, they are

entitled to succeed to the estate of the deceased in

specific shares as tenants in common. Since Meeralava

Rawther had three sons and three daughters, the sons were

entitled to a 2/9^th share in the estate of the deceased,

while the daughters were each entitled to a 1/9^th share

thereof.

3.

It is the specific case of the parties that Meeralava

Rawther helped all his children to settle down in life. The

4

youngest son, Hassan Khani Rawther, the Respondent No.1, was

a Government employee and was staying with him even after

his marriage, while all the other children moved out from

the family house, either at the time of marriage, or soon,

thereafter. The case made out by the Respondent No.1 is

that when each of his children left the family house

Meeralava Rawther used to get them to execute Deeds of

Relinquishment, whereby, on the receipt of some

consideration, each of them relinquished their respective

claim to the properties belonging to Meeralava Rawther. The

Respondent No.1, Hassan Khani Rawther, was the only one of

Meeralava Rawther’s legal heirs who was not required by his

father to execute such a deed.

4.

Meeralava Rawther died intestate in 1986 leaving 1.70

acres of land as his estate. On 31^st March, 1992, the

Respondent No.1, Hassan Khani Rawther filed O.S.No.171 of

1992 before the Court of Subordinate Judge, Thodupuzha,

seeking declaration of title, possession and injunction in

5

respect of the said 1.70 acres of land, basing his claim on

an oral gift alleged to have been made in his favour by

Meeralava Rawther in 1982.

5.

On 6^th April, 1992, the Respondent No.2, Muhammed

Rawther, one of the brothers, filed O.S.No.90 of 1992 before

the Court of Munsif, Thodupuzha, praying for injunction

against his brother, Hassan Khani Rawther, in respect of the

suit property. The