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1966 Supreme(Mad) 286

M.NATESAN
C. M. P. No. 11818 of 1966. Ameer Bibi – Appellant
Versus
Chinnammal alias Nagoorammal – Respondent


Advocates:
N.K. Ramaswamy and S. Sundaram Iyer, for Appellant.
K. Sarvabhuman and T.R. Muni, for Respondent.

Judgment.-

The parties to this litigation are a Muslim mother and her two daughters. The eldest of the two daughters is the plaintiff; the mother is the first defendant and the other daughter figures as the second defendant. In 1928 the first defendant for herself and as guardian of her then minor daughters instituted a suit, O.S. No. 148 of 1928 on the file of the District Munsif’s Court, Madurai Town, for partition of their shares in certain properties and secured under the decree in the said suit for herself and her daughters the southern portion of a house and 3.34 acres of nanja land. There have been some alienations of the properties thus obtained. The present suit has been instituted by the elder daughter for partition and separate possession of the remaining properties, the house described as item 1 in the plaint schedule and an extent of 1-20 acres of land described as item 2 in the plaint schedule. The shares of the parties are 16/39 each for the plaintiff and the second defendant and 7/39 for the mother, the first defendant. The plaintiff claims the mother’s share in item 1 under a sale deed Exhibit A-2 dated 2nd April, 1942. The plaintiff therefore prays for partition a





















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