V.RATNAM
Sekar Mudaliar, and Etc – Appellant
Versus
Shajathi Bi and Another – Respondent
These two appeals have been preferred by the 16th defendant and defendants 10 to 13 in O.S. 49 of 1973, Sub Court, Tirupattur, North Arcot District, questioning the correctness of the judgement and the decrees of the Courts below holding that the properties settled by late Kuttamalangu Moosa Sahib under a settlement deed dated 5-3-1948 in favour of defendants 8, 14 and 15 and the husband of the 10th defendant and father of defendants 11 to 13 in the suit, are also available for partion. There is no dispute that the properties dealt with by late Kuttamalangu Moosa Sahib under the settlement deed Ex. B-3 dated 5-3-1948 belonged to him. The 1st respondent in Second Appeal No. 1418 of 1979 and the only respondent in Second Appeal No. 618 of 1979, who figured as the plaintiff in the suit, challenged the validity of the settlement under Ex. B-3 on the ground that it was obtained by the settlees fraudulently and collusively and that it was in any event a death-bed gift and as such, invalid. It was also her further case that the settlor died on 6-3-1948 and thereafter on 16-3-1948, the settlement deed was presented for registration by one K.M. Azizullah Sahib as the Power of At
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