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1998 Supreme(Mad) 184

K.SAMPATH
Ismail Gani – Appellant
Versus
Maim Ponn Pattu Beevi and Another – Respondent


Advocates:
A.Ramanathan, for Appellant. K.R.Thiagarajan, for Respondents.

Judgment :

The first defendant is the appellant. The first respondent herein filed suit O.S.No. 140 of 1984 before the District Munsif’s Court, Melur, against the appellant and the second respondent for declaration and permanent injunction on the following averments: The suit property of an extent of 60 cents cents in R.S.No.293/2 out of total extent of 3 acres, 22 cents in Nadumandalam Village, Natham Vattam, originally belonged to her father Kattuvan Rowther and on his death there was a partition under a registered deed Ex.A-1 on 12th April, 1956. Under the partition, the suit property was allotted to the first respondent’s mother Ayesha Beevi Ammal. Since the first respondent was not allotted any share in the properties of her father, the mother Ayesha Beevi executed a gift deed Ex.A-2, dated 5. 1964 in favour of the first respondent in respect of the property allotted to Ayesha Beevi. The first respondent in her turn, executed a registered deed of maintenance under Ex.A-3 dated 5. 1984 in favour of her mother Ayesha Beevi, under which Ayesha Beevi was given a right to enjoy the income from the properties without powers of alienation during her life time and thereafter the proper















































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