1964 Supreme(Mad) 467
K.VEERASWAMI, P.KUNHAMED KUTTI
Abdul Hamid Sahib – Appellant
Versus
Rahmat Bi – Respondent
Advocates:
N.C. Raghavachari and N. S. Varadachari, for Appellants.
T.R. Ramachandran, for Respondent.
Veeraswami, J.- This appeal by the defendants arises out of a suit instituted by the respondent for recovery of Rs. 13,437-14-6 from the assets of her late husband Abdul Gaffur Sahib in the hands of the defendants. This sum was made up of four items of which Rs. 624 was claimed as mahar due to the respondent from her husband. This debt has been admitted by the defendants. The other three items are Rs. 7,000, another sum of Rs. 1,700 and a third sum of Rs. 4,113-14-6 said to have been paid by the respondent to her late husband on 4th September, 1948, ‘2nd September, 1953 and 22nd April, 1954, respectively. Her case was that these amounts were paid to her husband as deposits on the understanding that he might use the moneys as capital in his beedi business. Abdul Gaffur Sahib died on 12th November, 1958, leaving his widow, the respondent, and the defendants as his theirs, and, it is common ground the respondent is entitled to a quarter share and the defendants together to the remaining three-fourths. The main assets of Abdul Gaffur Sahib are stated to be a house bearing No. 136, Iqbal Street, Muslimpur, Vaniyambadi and also a goodwill and trade name in a beedi business known as S. I.
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