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1992 Supreme(Guj) 291

K.G.SHAH
MEMAN MAMAD HAJI ABDUL SAKUR – Appellant
Versus
ABDUL GAFAR HAJI ABDUL SAKUR – Respondent


Advocates Appeared: AKSHAY H.MEHTA, V.P.Shah

K. G. SHAH, J.

( 1 ) THE plaintiff-appellant sued his brothers sisters and widowed mother for partition of the suit property and for getting his share in those properties. He also claimed relief for taking accounts and getting mesne profits. The suit having been dismissed he is in appeal before this Court. The appellant and respondents Nos. 1 to 11 are the sons and the daughters of deceased Meman Haji Abdul Sakur Haji Isa who died on October 5 1968 On September 16 1971 the appellant filed the present suit for the reliefs as stated above.

( 2 ) THE contesting respondents opposed the suit inter alia on the ground that the plaintiff-appellant had under a family settlement dated June 10 1968 in consideration of getting certain other properties relinuished his interest and share in the suit property and therefore he is now not entitled to file the suit. That contention has weighed with the learned Judge who ultimately dismissed the suit.

( 3 ) ON behalf of the appellant his learned Advocate strenuously contended that the Muslim Law does not know any concept of family arrangement or family settlement and a person governed by the Muslim Law cannot relinquish his future right of inheritance










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