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1999 Supreme(Mad) 450

B.AKBAR BASHA KHADIRI
C. K. P. Memmon And Others – Appellant
Versus
K. P. Sulaiman And Others – Respondent


Appearing Advocates:For the Petitioners:K. Sukumaran, Advocate. For the Respondents:S. Ashokkumar, (for No. 1) R. Natarajan Addl. Public Prosecutor Pondichery (for No. 2), Advocate.

Judgment :-

The counter petitioner Nos. 2 to 5 before the Executive Magistrate have come forward with the instant Criminal R.C.

2. This criminal revision has arisen in this (sic) One Ibrahim had a first wife. Through her, he had a son by name Aboobacker. Ibrahim married one Kadeessu as the second wife. On 31-1-1953 Ibrahim executed a sale alienating the disputed property in favour of his second wife Kadeessu. Ibrahim died during 1958. Aboobacker was looking after the affairs of Kadeesu, and managed and maintained the properties. Aboobacker appears to have created some documents in favour of the first respondent herein by name Sulaiman. Sulaiman had obtained a Bogus possession certificate from the Tahsildar and he claims possession of the disputed properties.

3. Petitioners one to three herein are the children of Kadeesu. Petitioners 1 to 3 herein were living in a rented house elsewhere. Since the landlord wanted them to vacate the property they constructed a residential building in the suit property and they are residing there for the past three months prior to filing of the petition on 26-12-97 the first counter petitioner Sulaiman, who is the first respondent herein had trespasse









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