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1953 Supreme(Ker) 153

SUBRAMONIA.IYER, SANKARAN
Assiz – Appellant
Versus
Chithamma – Respondent


Judgment :-

1. The three plaintiffs who are the appellants are the children of Athrumman, who died in the year 1099, though his second wife who is the 7th defendant. They sued for partition and delivery of their shares in the properties described in three schedules to the plaint, marked A, B and C. The 1st defendant is Athrumman's sister and defendants 2 to 6 are the children of his brother Meethian who died in the year 1094. The suit was filed in the year 1117 when plaintiffs 1 and 2 had attained majority but the 3rd plaintiff had not who also attained majority pending suit. During the minority of the plaintiffs, in the year 1100, there was a partition (Ext. 1) of all the properties included in the schedules to the plaint. At that partition, the plaintiffs were represented by their mother as guardian. Plaintiffs impeached that partition, inter alia, on the ground that under the Mohammadan Law by which they are governed, the mother is not recognised as guardian and she was, therefore, incompetent to represent them, with the result that Ext. I cannot be regarded as a transaction to which the plaintiffs were parties. Plaintiffs claim a 5/8 share of items 1 to 4 in the A schedule to t











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