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1968 Supreme(Ker) 75

M.U.ISAAC, T.C.RAGHAVAN
Sooppi – Appellant
Versus
Moosa – Respondent


Judgment :-

1. The second appeal has been placed before a Division Bench by Madhavan Nair J. as our learned brother felt that the case involved a question of adverse possession fresh for this Court and as such, the expression of opinion by a Division Bench on the question was essential.

2. We shall state the essential facts to bring out the question. The nine items of properties involved in this litigation belonged to a Mahomedan by name Pakkrammar. He died in 1916 leaving his widow and children (defendants 1 to 4-the appellants being defendants 2 to 4, the children) and his father Sooppi and mother Kunhoma. The parents together were entitled to a third of his estate and his wife and children were entitled to the rest. But, the wife and children took possession of all the properties. Kunhoma died; and Sooppi also died in 1920 leaving two sons, Pokker and Mammad, and four daughters, Ayissa, Beeyumma, the fifth defendant and the sixth defendant. The plaintiffs, who sued for partition and separate possession of their 12th share is the suit items as the heirs of Sooppi and Kunhoma, are the widow and children of Pokker; defendants 7 to 1*2 are the widow and children of Mammad; defendants



























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