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1949 Supreme(Mad) 216

SATYANARAYANA RAO
Gulam Rasool Saheb – Appellant
Versus
Hamida Bibi – Respondent


Advocates:
S. Ramachandra Aiyar for Appellant.
T.V. Ramanatha Aiyar for Respondent.

Judgment

This is an appeal against the order of the learned District Judge of Trichinopoly, who on appeal from the order of the Subordinate Judge allowed the plaintiff’s application for removal of obstruction by the appellant in this civil miscellaneous second appeal and delivery of possession.

The property in dispute and other properties belonged to one Haji Muhammad Ibrahim who died on 17th December, 1912. After his death, there was a partition on the 15th January, 1916, between the two sons of Haji Muhammad, i.e., Peer Muhammad and Sulaiman and in that partition Peer Muhammad got for his share the suit property. On the 23rd June, 1921, Peer Muhammad settled the property now in dispute on his wife Rahiman Bibi. On the 11th September, 1922, Rahiman Bibi mortgaged the property to one Sikkandar, the father of the present appellant. In the year 1924, a suit for partition was filed by the two daughters of Haji Muhammad impleading the other sharers as defendants and Rahiman Bibi was impleaded as the sixth defendant. There was a preliminary decree in that suit on the 15th August, 1929, which was confirmed on appeal on the 4th April, 1934, and a final decree was passed on the 6th January,






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