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1975 Supreme(Mad) 110

MOHAN
Ahmed Ibrahim – Appellant
Versus
N. M. K. Syed Mohideen – Respondent


Judgement

JUDGMENT:- The plaintiff is the appellant. He filed a suit in O. S. No. 224 of 1966 on the file of the District Munsif's Court of Ramanathapuram declaration and possession. The suit property measures 20 feet east to west and 24 feet south to north in Ward No. 1 of Keelakarai Panchayat and a hut bearing Door No. 204-A standing thereon. There was also a prayer for injunction.

2. The property originally belonged to one Nadar Ammal. She made an oral gift of the entire property to her daughter Syed Ali Bathummal. She had another daughter by name Yusuf Sulaike, and son by name Seeni Mohamed. Seer Mohammed married Mohammed Ameena Ummal. After the death of Syed Ali Bathummal, a half share of the property devolved upon her daughter Mohamed Aisha and the dispute in this second appeal relates only to this half share. Consequent to this devolution Aisha sold the property in favour of the predecessor-in-interest of the plaintiff. Mohammed, Ameena Ummal filed O. S. No. 1 of 1946 against Seeni Mohammed, her husband. That resulted in a decree. Thereupon in execution of the decree, the defendant purchased 2/3rds of the suit property in Court auction. Sulaika, the other daughter preferred a










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