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1976 Supreme(Mad) 37

ISMAIL
Fathima Bivi – Appellant
Versus
Sadhakatalla – Respondent


Judgement

JUDGEMENT: - Defendants 1 to 3 and 5 to 9 in O. S. No. 351 of 1967 on the file of the Court of the District Munsif of Periyakulam who lost completely before the trial court, but succeeded to some extent before the first appellate court, are the appellants herein. Admittedly, the suit property belonged to one Sulthan Rowther, who died in February 1957. The 11th defendant is the widow of the deceased, while the 12th and 13th defendants are the major sons of the deceased. The plaintiffs are also sons and daughter of the deceased, plaintiffs 2 and 3 being minors. Under Ex. B-I dated 27-7-1957, defendants II to 13 executed a sale deed of the suit property in favour of the predecessors-in-interest of the appellants herein for Rs. 8,000, and in that sale deed the 11th defendant acted as guardian of the plaintiffs. The plaintiffs instituted the present suit for a declaration that they are entitled to their share in the suit property since the sale deed executed by the defendants II to 13 was not binding on them. The suit was resisted on several grounds by the defendants and overruling the defence the learned District Munsif decreed the suit as prayed for and, on -appeal preferred







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