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1969 Supreme(Mad) 476

K.N.MUDALIYAR, SADASIVAM
Abdul Kareem – Appellant
Versus
Zuleika Bi – Respondent


Advocates:
N. Sivamani and M.V. Krishnan, for Appellants; V. Krishnan and P. Veeraraghavan, for Respondents.

Judgement

SADASIVAM, J. :- Appellants are the brother's sons and heirs of one Kadir Mohideen, who died on 16-6-1948. They filed the suit to recover possession of two shops, bearing door Nos. 33 and 34, Main Road in Shalavalli village, as belonging to the estate of Kadir Mohideen. The first defendant Zuleika Bi is the daughter's daughter of Kadir Mohideen's sister-in-law and she claimed title to the suit shops under a gift deed, Ex. A-14, dated 27-5-1945 executed by Kadir Mohideen, and also on the basis of adverse possession. There can be no doubt in this case that Kadir Mohideen executed the gift deed and intended to give the shops to the first defendant, Zulaika Bi. But the trial Court found that the gift was invalid, as it was not accepted by or on behalf of the donee Zulaika Bi, and the donor Kadir Mohideen did not deliver possession of the suit shops and the lower appellate court concurred with this finding. The trial court also negatived the plea of adverse possession put forward by the first defendant Zulaika Bi, but the lower appellate court differed from that finding and dismissed the suit Ramakrishnan, J., who heard the second appeal, has stated that one of the crucial ques













































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