VENUGOPAL
Mohamed Khan Sahib – Appellant
Versus
Ali Khan Sahib – Respondent
JUDGMENT :- The plaintiff is the son of Abdul Azeez Khan through his wife Amina Beevi. The defendants are the sons of the said Abdul Azeez Khan through his another wife Hairoon Beevi. As per Ex. A. 1, the marriage between the said Abdul Azeez Khan and Hairoon Beevi was on 3-1-1921 and as the birth extracts. Exs. A-2 and A-3, the defendants were born long prior to the marriage between Abdul Azeez Khan and Hairoon Beevi. The plaintiff's case is that the defendants are the illegitimate sons of his father in view of the fact they were born prior to the marriage between his father and Hairoon Beevi. The plaintiff has hence filed a suit for declaration that the defendants are not the legitimate sons of his father and to restrain them by means of a permanent injunction from interfering with the plaintiff's management and administration of Saint Veli Yullah Thaikkal. The defendant's contention is that there was a valid marriage between Abdul Azeez Khan and their mother Hairoon Beevi and their father has acknowledged them as his sons.
2. The trial Court held that the identity of the persons mentioned in the certificates Exs. A-2 and A-3 have not been proved and as there is a valid a
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