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1938 Supreme(Mad) 268

Kathoom Bi – Appellant
Versus
Abdul Wahab Sahib – Respondent


JUDGMENT

1. The question involved in this appeal is whether respondents 1 to 3 at times material to the suit stood in a fiduciary position with regard to the appellant. The appellant is the only daughter of one Abdul Rahiman Sahib, who died on the 18th June, 1921, when she was about six years of age. The appellants mother had pre-deceased the appellants father, who was a Sunni Mohammadan. Under the Sunni Law, his heirs were: the appellant, his three brothers, Waheb, Majeeth and Hameed (respondents 1 to 3), his second wife, Sakina Bi (who died during the pendency of the suit) and his mother Rabia Bi, who died before the suit was instituted. Abdul Rahiman was a dealer in rope, thread, coir, carpets and other articles. His business was a very successful one and when he died he left a considerable fortune. All the members of his family lived together and the heirs continued to live together after his death. In the year following his death the third respondent married his widow, Sakina Bi, and by her had four children, respondents 4 to 7. After his death the appellant lived with respondents 1 to 3 until 1929 when she left the family house and married one Abdul Aziz. She was then more tha








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