1972 Supreme(Mad) 163
V.RAMASWAMI
Thakkadi Syed Mohamed – Appellant
Versus
Ahmed Fathummal – Respondent
Advocates:
M. V. Krishnan, for Appellant; S. B. Abdul Wahab, for Respondents.
JUDGMENT :- The first defendant is the appellant. The suit was filed by the first respondent herein for partition, separate possession and for accounts. The first schedule and second schedule to the plaint are immoveable properties and the third and the fourth schedules are moveable properties. The plaintiff claimed 38/240th share in the first and fourth schedules, 53/1440th share in the second schedule and one-fifth share in the third schedule properties. The plaintiff is the sister of the first and second defendants. They are the children of one Thakkadi Ahmad Mohideen. According to the plaint, the first and fourth schedule properties belonged to Thakkadi Ahmed Mohideen. After his death, the plaintiff and first and second defendants inherited the same and were in joint and constructive possession. The deceased Thakkadi Ahmed Mohideen left also one Thakkadi Mohammed Abubacker and Asini Beevi as his heirs, along with the plaintiff and the second defendant. Thakkadi Mohammed Abubacker died leaving his only son, the third defendant who succeeded to his share. Though the fourth defendant is the son of another brother of the plaintiff, since the brother pre-deceased the father, the fou
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