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1978 Supreme(Mad) 3

SETHURAMAN
Noohu Pathuammal – Appellant
Versus
Ummathu Ameena – Respondent


Advocates:
K. Parasaran for S.M. Amjad Nainar and A.S. Hussan, for Appellants; Habibullah Badsha, E.S. Govindan, S. Padmanabhan and P. Anantha Krishnan Nair, for Respondents.

Judgement

JUDGEMENT :- The plaintiffs in O.S No. 17 of 1970 in the Court of the Sub-ordinate Judge of Padmanabhapuram are the appellants. There was one A.P. Mohammed Noohu, who carried on extensive business in Ceylon and acquired properties in India as well as Ceylon during his lifetime. He died on 1st April 1959. On 30th May 1956 prior to his undertaking the Haj pilgrimage, he executed a number of settlements in respect of the properties covered by 'A' schedule to the plaint in favour of his wives and children. He had married two wives. The first plaintiff is the Indian wife and the first defendant is the Ceylonese wife. He has seven children by his Indian wife, who was also the first wife, and he has six children by his Ceylonese second wife. It is in favour of these two wives and children that the settlement deeds were executed on 30th May 1956.

2. After Mohammed Noohu died on 1st April, 1959, the plaintiffs filed a suit O.S. No. 9 of 1964 in the Court of the Subordinate Judge of Padmanabhapuram, which was later transferred to Sub-Court, Nagercoil and numbered as O.S. No. 24 of 1965. That was a suit for partition of all the properties including those settled under the document, da



























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