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1969 Supreme(Mad) 377

K.S.PALANISWAMY
Fathima Bi Animal – Appellant
Versus
A. A. Mahomed Mohideen – Respondent


Advocates:
Bishundeo Narain v. Seogeni Rai, (1951) S.G.J. 413: (1951) S.C.R. 548, referred.
Suit for partition filed by the plaintiff declaring the release deed executed by her as void.
G. Viswanathan, for Plaintiff.
S.K. Ahmed Meeran, Abdul Ghani, Khoja Mohideen, Mohomed Ibrahim, K.T.M. Abdul Jabbar, Ikram Mohammed, S. Narasinga Rao, Mahomed Ali Hussain, N. Sivamani, N. Krishna Mitra and Ahmed Sheriff, for Defendants.

Judgment:

Suit in forma pauperis for partition of plaint properties and for allotment of 1/8th share to the plaintiff. Fathima Bi, the plaintiff, and Abbas Bi Animal, the fifth defendant, are the daughters of one Moosa Bi Ammal, who died in 1955. Dawood Bi Ammal, the fourth defendant, is the elder sister of Moosa Bi, and her children are defendants 1 to 3. The plaintiff’s children are defendants 6 to 8. The ninth defendant is the husband of the third defendant. The tenth defendant is said to be interested in one of the plaint items as a tenant. The case of the plaintiff is that her mother Moosa Bi was the second wife of Abdul Rahman, the first wife being the fourth defendant, that she and the fifth defendant Abbas Bi, being the daughters of Abdul Rahman by his second wife Moosa Bi, are each entitled to 1/8th share in the estate of Abdul Rahman, who died in January, 1958. On 2nd May, 1958, the plaintiff executed a registered (feed of release under Exhibit P-14 in favour of defendants 1 to 4 relinquishing all her rights in the estate of Abdul Rahman. On the same date, defendants 1 to 4 executed a settlement deed Exhibit P-15 in favour of defendants, 6 to 8, children of the plaintiff,





































































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