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1959 Supreme(Mad) 336

SUBRAHMANYAM, BALAKRISHNA AYYAR
Kairum Bi – Appellant
Versus
Mariam Bi – Respondent


Advocates:
B. Packer, B. Moosakutty and M. S. Mahomed Yahia, for Appellant.
T. R. Ramachandran, for Respondent.

Balakrishna Ayyar, J.-

Defendants 1 to 9 are the appellants. Katheeja Bi, the 10th defendant, had three sons, Abdul Razack, Abdul Subbhan and Abdul Sukoor. Abdul Razack died in 1944. Abdul Subbhan died in 1947. Under the Mahomedan Law on the death of these sons Katheeja Bi became entitled to a one-sixth share in their estates. On 17th June, 1948, she executed a deed of settlement, Exhibit A-1 whereby she gave the one-sixth share which she inherited in the estate of Abdul Razak as also the one-sixth share which she inherited in the estate of Abdul Subban jointly to plaintiffs 1 and 2. The first plaintiff, Marian Bi, it may be stated is the only daughter of Katheeja Bi and the second plaintiff is the husband of Marian Bi. On the strength of this settlement deed the plaintiffs instituted O.S. No. 81 of 1948, on the file of the Subordinate Judge, Vellore, for the partition of the estate of Abdul Razack. The suit was compromised on 23rd January, 1950 and the plaintiffs obtained for themselves the properties set out in Exhibit B-2. In September or October 1950, the plaintiffs instituted the suit, out of which the present appeal arises, for partition and separate possession of the estate


























































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