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1972 Supreme(Mad) 274

RAMAMURTI, MAHARAJAN
Ibramsa Kowther (Minor) – Appellant
Versus
Sk. Meerasa Rowther – Respondent


Advocates:
K. Parasurama Iyer, for Appellants; S.K. Ahmed Meeran and A.A. Abdul Haji, for Respondents.

Judgement

RAMAMURTI, J.:- This appeal arises out of a suit for partition. O.S. No.90 of 1960, Sub Court, Tiruchy, and defendants 3, 4, 7 to 11 and 13 are the appellants, defendants 7 to 13 claiming under an alienation from the grandmother of the third defendant. Defendants 14 to 16 are the alienees through the plaintiff. The District Board of Madura, who was impleaded as the sixth defendant and subsequently exonerated is not concerned in this litigation. The plaintiff, Sheik Meerasa Rowther, filed the suit for partition claiming to be entitled to 237/720th shares in the estate left behind by his father, Sahib Sangheer Khan who died in 1931. The third defendant, who is the grandson (daughter's son) of one Appavoo Rowther, another son of Sangheer Khan, is the main contesting defendant, his defence being that, immediately after Sangheer Khan's death in 1931, there was a family arrangement, in pursuance of which there has been a complete partition by metes and bounds, in which the properties situate in Thamarapadi village in Dindigul taluk have been allotted to the share of Appavoo Rowther aforesaid and the suit for partition as though the estate of Sahib Sangheer Khan remained undivide


































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