Decided on June 28,1972

MASOON SAB Appellant
MADAR SAB Respondents


- (1.) The plaintiff in O. S. No. 250 of 1962, on the file of the District Munsif, Adoni, has preferred this second appeal against the judgment and decree in A. S. No. 26 of 1965 on the file of the Subordinate Judge, Adoni. His suit for partition and separate possession of a 1/3rd share in the plaint schedule property was dismissed by the trial Court and the decision of the trial Court was confirmed by the lower Appellate Court.
(2.) It is the case of the plaintiff that the plaint schedule property, which comprises of an open site adjacent to a building bearing door No. 14 in Ward No. 29 of Adoni Municipality, belonged to his father and that his father had gifted the same to him and his two brothers, defendants 1 and 2 in the suit, under a registered gift deed dated 24-10-1960. Each of the donees is in possession of the property appurtenant to his premises but for the convenient enjoyment of the same it is necessary to partition the same by metes and bounds. The Ist defendant contended that the gift deed dated 24-10-1960 did not relate to the plaint schedule site that their father had gifted only the house and thereafter under a gift deed Ex. B-1, dated 2-9-1962 he gifted the open site to defendants 1 and 2. Thus the defendants denied the plaintiffs right to a share in the plaint schedule site.
(3.) The lower Appellate Court gave a categorical finding that under the gift deed, dated 24-10-1960, marked Ex. A-3, the plaint schedule site was gifted to the plaintiff and defendants jointly and that each of them had a 1/3rd share therein. It, however, confirmed the dismissal of the suit of the plaintiff by the trial Court being of the view that a joint gift is not valid under Muslim Personal Law.;

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