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1950 Supreme(Mad) 82

BALAKRISHNA AYYAR
Padma Bivi Ammal. – Appellant
Versus
J. M. Mohammad Mohideen Rowther – Respondent


Advocates:
G.R. Jagadisan for Petitioner.
The Government Pleader (K. Kuttikrishna Menon) and G. Jagadisa Aiyar for Respondents.

Judgment

The plaintiff in O.S. Nos. 10 and 11 of 1949 on the file of the Sub-Court, West Tanjore, is the petitioner in both these cases. The question for determination in both these petitions is the same and therefore they may be dealt with together.

The plaintiff is a Muslim lady. Two of her sons, Mohamed Ismail and Mohamed Ibrahim, died some time before the suits were filed. She sued for partition of her one-sixth share in the properties of her deceased sons. On 4th January, 1946, two documents had come into existence, under which for a consideration expressed in those documents to be Rs. 5,000 the plaintiff released her rights in the properties of her sons in favour of some of the defendants in the suits. It is obvious that if these documents are valid and binding on the plaintiff her suits must fail. The plaintiff’s case in respect of these release deeds is set out in paragraphs 4 to 7 of the plaint. Therein the plaintiff alleged that her son, Abdul Aziz, took her mark in two documents, of the contents of which she was apprised. Abdul Aziz told her that some documents were required, in order that she might not be put to the inconvenience of attending public offices and Courts in















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