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2004 Supreme(Mad) 565

N.KANNADASAN, K.GOVINDARAJAN
K. Mohamed Muthu and others – Appellant
Versus
Mrs. Habeeba Beebi and others – Respondent


Advocates:
T.R.Mani, Senior Counsel, for T.R.Rajaraman, for Appellants.
N.V.N.Sridhar, for K.Mohanram, for Respondent Nos.1 to 12.

K.Govindarajan, J.: Defendants 1 to 8 who succeeded before the trial Court and suffered decree in A.S.No.277 of 1987, filed the above appeal.

2. The plaintiff filed a suit in O.S.No.527 of 1982 on the file of the Sub-Court, Coimbatore for partition of the suit properties into 4 equal shares and allotment of three shares to the plaintiff and for a direction to the appellants herein to render true and proper accounts regarding the rents realised from the suit ‘A’ schedule property for 3 years prior to the filing of the suit and directing them to pay 3/4th share due to the plaintiff and also for mesne profit.

3. It is not in dispute that that the suit property originally belonged to the mother of the plaintiff, Sara Bibi, who executed a settlement deed on 5.11.1952 in favour of her daughter who is the elder sister of the plaintiff, Fathima Bibi. Under the said document, she was given life estate and the vested remainder was given to her husband and unspecified heirs. Stating that the restrictions imposed in the document from getting absolute right by Fathima Bibi is contrary to Mohammedan law and also it is invalid and unenforceable, the plaintiff has come forward with the plea that Fat

































































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