1951 Supreme(Mad) 8
BASHEER AHMED SAYEED, GOVINDA MENON
Johara Bibi – Appellant
Versus
Mohammad Sadak Thambi Marakayar – Respondent
Advocates:
R. Gopalaswami Aiyangar for Appellants.
R. Kesava Aiyangar for Respondents.
Basheer Ahmed Sayeed, J.-These two appeals are against the order of the learned Subordinate Judge of Ramnad at Madhurai setting aside an award passed by the arbitrators in O.S.No.16 of 1946. O.S.No.16 of 1946 was filed by the plaintiffs for partition and separate possession of their share in the properties belonging to the estate of one deceased Mukkani Muhammad Abdulla Marakayar. First plaintiff is the widow and plaintiffs 2 and 3 are the sons of one of the deceased sons of Muhammad Abdulla Marakayar. Plaintiffs 2 and 3 are minors and are represented by their mother, the first plaintiff. The first defendant is the widow of the propositus, the second defendant is the daughter and the third defendant is the surviving son of the said deceased Muhammad Abdulla Marakayar. The rest of the defendants, defendants 4 to 10 are the heirs of another deceased son of the said Muhammad Abdulla Marakayar. The three schedules attached to the plaint set out the immoveables, moveables and the outstandings respectively belonging to the deceased. The second defendant who is the daughter of the deceased claimed one item of the properties mentioned in schedule I to the plaint as her exclusive Stridhana
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