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