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1975 Supreme(Mad) 112

S.MOHAN
Ahmad Ibrahim – Appellant
Versus
N. M. K. Syed Mohiden and others – Respondent


Advocates:
K. Parasaran, R. Thiagarajan and V. Radha-krishnan, for Appellant.
K.T. Paul Pandian and G. V. Srinivasalu, for Respondents.

Judgment.- The plaintiff is the appellant. He filed a suit in O.S. No. 224 of 1966 on the file of the District Munsif’s Court of Ramanathapuram for declaration and possession. The suit property measures 20 feet east to west and 24 feet south to north in Ward No. 1 of Keelakarai Panchayat and a hut bearing Door No. 204-A standing thereon. There was also a prayer for injunction.

2. The property originally belonged to one Madar Ammal. She made an oral gift of the entire property to her daughter Syed Ali Bathumal. She had another daughter by name Yusuf Sulaika and a son by name Seeni Mohammed. Seeni Mohamed married Mohammed Ameena Ummal. After the death of Syed Ali Bathumal, a half share of the property devolved upon her daughter Mohamed Aisha and the dispute in this second appeal relates only to this half share. Consequent to this devolution Aisha sold the property in favour of the pre-decessor-in-interest of the plaintiff. Mohammed Ameena Ummal filed O.S. No. 1 of 1945 against Seeni Mohamed, her husband. That resulted in a decree. Thereupon in execution of the decree, the defendant purchased 2/3rds of the suit property in Court-auction. Sulaika, the other daughter preferred a claim, p











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