SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1968 Supreme(Mad) 67

ALAGIRISWAMI
Ibrahim Bivi – Appellant
Versus
K. M. M. Pakkir Mohideen Rowther – Respondent


Judgement

JUDGMENT :- The question that arises for decision in this case is about the validity of the settlement deed Ex. B-5 dated 20-12-1937, executed by Kathija Bivi, the paternal grandmother of the defendant in this case in his favour. The defendant is the son by the first wife of one Mohideen Pichai. The first plaintiff is the second wife of Mohideen Pichai and plaintiffs 2 to 6 are her children. Kathija Bivi died on 1-12-1949 and Mohideen Pichai in 1958. There was an earlier suit, O. S. 54 of 1959, filed by the defendant against the plaintiffs for partition of the family properties. That suit was decreed on 29-2-1960, holding the settlement executed by Kathija Bivi valid. A. S. 146 of 1960 filed against the decree in O. S. 54 of 1959 was dismissed on 18-10-1960, but the question regarding the validity of Ex. B-5 was left open. The plaintiffs filed the present suit on 14-2-61, claiming that there was a family arrangement on 25-12-1961 under Ex. A-1 by which they got the defendant's 14/88 share in the suit property by paying him Rs. 700. Alternatively, they claimed that the settlement Ex. B-5 is not valid and that they were, therefore, in any case, entitled to a 74/88th share in










































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top