Decided on June 06,2003

HAJIRAMBEE Respondents


- (1.) These appeals are filed against the Judgment and Decree in O.S.No. 29 of 1986 of the Sub Court, Kasaragod. A.S.No. 149 of 1990 is filed by defendants 3, 5 and 6, A.S. No. 196 of 1990 is filed by the plaintiff. A.S.No. 243 of 1990 is filed by the first defendant and A.S.No.299 of 1990 is filed by the second defendant. The suit was filed for partition.
(2.) According to the plaintiff, she is the daughter of late K.B. Sheik Yusuf Saheb. First defendant is the son of K.B.Sheik Yusuf Saheb. Defendants 1, 2, 3 and 4 are the sons of K.B.Sheik Yusuf Saheb. Seventh defendant is the daughter inlaw of Sheik Yusuf Saheb. Defendants 8 to 14 are the children of late K.Sheik Abdul Hasim and 7th defendant. All are Muslims. Defendants 12 to 14 are minors. 15th defendant is the daughter of Mariambee and wife of late Shariff. 16th defendant is the son of late Mohammad Kashim Saheb and the 17th defendant is the wife of Aziz Saheb.
(3.) The plaintiff and defendants are related to one another as shown in the geneology given in Schedule A. K.B.Sheik Yusuf Saheb, father of the plaintiff died on 24th December 1964. Her mother Zulekhabi died on 16th February 1959. Zairunnisa sister of the plaintiff died unmarried in 1972 leaving her brothers and sisters as the only heirs and legal representatives. Sheik Abul Hasim, the eldest brother of the plaintiff died in 1983 having defendants 7 to 14, his widow and children as the legal representatives. Mariambee, elder sister of plaintiff died in 1956, leaving defendants 15 to 17 as her legal representatives.;

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