S.SWAMIKKANNU
Fathimuthu – Appellant
Versus
Ghouse Ahmed Maracayar – Respondent
S. Swamikkannu, J.
1. This is a second appeal filed by the plaintiff Fathimuthu in O.S. No. 116 of 1976, on the file of. the learned District Munsif, Chidambaram against the judgment and decree dated 20.8.1979 in A.S.No. 100 of 1978, on the file of the Court of the learned Subordinate Judge, Chidambaram, dismissing the appeal with costs of the contesting respondents and confirming the judgment and decree of the trial court.
2. The suit was filed for partition and separate possession of plaintiff's half share in the suit properties, for future mesne profits and for costs.
3. The case of the. plaintiff in brief is as follows;- One. G.M. Ghouse and his wife originally owned the suit properties and other properties and they had executed a Hiba on 19.3. 1931 in favour of their grand children by name Aliaudeen, Fathima Bivi, K. Shafia Bivi, Kathija Bivi and K. Ameena Bivi who were minors then. The guardian of the donees took possession of the properties and the gift deed was acted upon. Under the said gift deed, the donees were given only the right to enjoy the income from the properties and they were not given any power of alienation. As per the terms contained in the hiba, the gra
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