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1946 Supreme(Mad) 128

SOMAYYA
Ittoli Moidin Koya’s son Koyatti – Appellant
Versus
Imbichi Koya – Respondent


Advocates:
S.T. Srinivasagopalachari and K.P. Ramakrishna Aiyar for Appellants.
S.R. Subramania Aiyar and C.D. Venkataramanan for Respondents.

Judgment

Three brothers of the Ittoli family, namely, Moideen Koya, Mamoo and Ahammad were carrying on business in hardware and sundries. They acquired the A schedule property under Ex. P-8, dated 11th August, 1917, a sale deed which stands in the names of the three brothers. They acquired also other properties that are set out in schedules B and C. The first item in the B Schedule is the family house and the paramba attached to it. Moideen Koya died in 1926 and his heirs are defendants 2 to 6. Mamoo is the first defendant in the suit. Ahammad died between 1936 and 1939 leaving a widow, the tenth defendant and several children who are defendants 7, 8, 9 and 11. The plaintiff is the Court auction-purchaser in execution of a small cause decree pasted in S.C. S. No. 134 of 1936. A third party filed that suit against Ahammad Koya, obtained a decree and bought the undivided one-third share of Ahammad, the judgmentdebtor in the A schedule property. After purchasing the property the plaintiff got symbolical delivery and then filed the present suit on 13th October, 1939, for partition and delivery to him of the one-third share of Ahammad Koya. The contesting defendants are defendants 2,5 an












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