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1982 Supreme(Mad) 82

MOHAN, SWAMIKKANNU
Mohammed Ismail – Appellant
Versus
Khadirsa Rowther – Respondent


Advocates:
E. Padmanabhan, Kannalan and P. Ramachandran, for Appellants, P.K. Gopal Raj and B. Thanikachalam, for Respondents.

Judgement

MOHAN, J. :- The following genealogical tree sets out the relationship of the parties:-

(See genealogical table below)

Defendants 7 to 22 third party purchasers or their legal representatives from defendants 1 and 2. Khadirsa Rowther, the first plaintiff, and his son filed O. S. No. 74 of 1970 on the file of the court of the Subordinate Judge of Dindigul, for partition and separate possession of the suit properties. The allegations were that the plaintiffs and the defendants 1 to 5 are the co-owners of the suit properties. The first plaintiff and the defendants 1 and 2 have been managing the suit properties with the help of the 6th defendant, who is the junior paternal uncle of defendants 1 and 2. The 6th defendant has no right, title or interest in the suit properties. The income from the properties has been shared by the co-sharers. While so, defendants 1 and 2 on the one hand and the 6th defendant on the other purported to have effected a partition of the suit properties by means of a registered partition deed Ex. B. 1. The plaintiffs came to know of it when they were denied their share of income by the defendants

Kattuva Rowther (died)

Kadhersha Rowther



































































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