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1973 Supreme(Mad) 391

M.M.ISMAIL, S.NATARAJAN
M/s. Maxhemeijer Jr. (India) Private Limited, Pallavaram, represented by its Managing Director Major S. A. Hakeem – Appellant
Versus
Zainub Bi, daughter of late Haji M. S. Mohamed Ibrahim Sahib, residing at No. 56, Moore Street, Madras-1 and others – Respondent


Advocates:
Habibullah Badsha and E. S. Govindan, for Appellant.
S.K. Ahmed Meeran, Abdul Haji and Mohamed Sayeed, for Respondents.

Ismail, J.- The first defendant in O.S. No. 107 of 1965 on the file of the Court of the Subordinate Judge, Chingleput, is the appellant herein. Admittedly the suit property of an extent of 3.06 acres belonged to the partnership by name Haji M. Shaik Abdul Kader, M. S. Abdul Rahiman and Company, consisting of two partners Haji M. S. Abdul Rahiman Sahib and Haji M. S. Adam Mohideen Sahib. Haji M. S. Abdul Rahiman Sahib died on 30th April, 1958 leaving behind defendants 2 to 7 as his heirs and If gal representatives. Haji M. S. Adam Mohideen Sahib died on 12th March. 1955 leaving behind defendants 8 to 13 and one Habibma, who is not a party to these proceedings, as heirs and legal representatives. The first respondent herein claiming to have entrusted her jewels and liquid cash with the said partnership took proceedings for recovery of the same from defendants 2 to 13 herein out of the assets of the partnership in their hands. She filed a petition O.P. No. 295 of 1958, on the file of the City Civil Court, Madras represented by her son and next friend, as she was of unsound mind then. The said O.P. prayed for permission of the Court to institute a suit in forma pauperis. Subsequently i




























































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