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1938 Supreme(Mad) 256

KRISHNASWAMI AYYANGAR
Minor Minakshi Aiyar by next friends – Appellant
Versus
Noor Muhammad Rowther – Respondent


JUDGMENT

Krishnaswami Aiyangar, J.

1. The disputes which have given rise to these appeals relate to a fund in Court standing to the credit of O.S. No. 33 of 1924 on the file of the Sub-Court, Kumbakonam. It is a sum of Rs. 2,983-2-6 representing the value of the share of one Adamsa Rowther in a rice mill situated in Pandaravadai village. Adamsa died in 1919 involved in debts, but he had left considerable properties in and round Pandaravadai. He appears to have carried on a business in Saramban in the F. M. S., which was after his death taken over by his son-in-law, Abdul Rahiman, and continued by him. Kadir Bacha was a brother of Adamsa who has figured prominently in the arrangements made by Adamsas heirs for the discharge of his debts. These heirs, were Noor Muhammad and Muhammad Ibrahim his sons, Mohideen Bivi a daughter, and Zuleka Bivi his second wife. A major portion of his properties was transferred by them to their uncle Kadir Bacha on 28th May, 1922, by a deed which shows that except for a comparatively small amount, the consideration of Rs. 35,000 was the undertaking by the transferee to pay and discharge the debts of the deceased. There were also certain other transfers by


















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