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2006 Supreme(SC) 1442

A.R.LAKSHMANAN, ALTAMAS KABIR
Mohammed Khasim – Appellant
Versus
Mohammed Dastagir – Respondent


JUDGMENT

Altamas Kabir, J.

One Mohammed Imam Saheb owned various immovable properties in Malleswaram in Bangalore. He had three wives, namely, Ghouse Bee, Hafiza Bi and Zeenath Bee. Mohd. Imam Saheb had one son and two daughters by his first wife- Ghouse Bee since deceased, namely, Mohd. Dastagir, Rahamat Bee and Maimoon Bee. He also had three daughters and one son by his second wife, Hafiza Bi, since deceased, namely, Fathima Bee, Mahaboob Bee, Kathija Bee and Mohammed Khasim. Through Zeenath Bee, his third wife, Mohd. Imam Saheb had two sons, namely, Anwar and Nazeer.

2. From the materials on record, it appears that besides owning several immovable properties, Mohd. Imam Saheb also owned a cloth business for which he had obtained a licence in the name of Mohd. Dastagir, his son by his first wife. On 18th August, 1958, Mohd. Dastagir executed an unregistered Release Deed in favour of Mohd. Imam Saheb, acknowledging the fact that all the properties, including the cloth business, belonged to Mohd. Imam Saheb and that on receipt of a sum of Rs. 5,000/- he had voluntarily released and relinquished all his rights and title over the properties belonging to Mohd. Imam Saheb, including the s

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