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1934 Supreme(Mad) 42

MADHAVAN NAIR
Fallesatha Banu – Appellant
Versus
Muhammad Rashidhuddin Quraishi – Respondent


JUDGMENT

Madhavan Nair, J.

1. The plaintiff in the appellant. The appeal arises out of a suit instituted by the plaintiff to recover possession of the suit properties and the share of the mortgage amount duo to her under Ex. A, the suit mortgage. The parties to the suit are Muhammadans and their relationship is indicated in the genealogical tree given in the lower Courts judgment. After the death of Jalaluddin and his daughter Syed Unnissa Bibi, a usufructuary mortgage (Ex. A, dated 10th November 1893) of 13 items of jenm properties was executed by his heirs, defendant 1, and Hauifa Bi, his wife, for herself and acting as the guardian of defendant 2, and others, in favour of Syed Unnissa Bibis husband, defendant 3, and their minor daughter, the plaintiff. The mortgage amount of Rs. 4,000 represented the Ma bar paid by defendant 3 at the time of his marriage with Syed Unnissa. The plaintiff claims a 4/6ths share of this amount, namely Rs. 3,333-5-4. Out of the income of the properties 500 paras of paddy represented the interest on the mortgage amount. After the mortgage the properties were taken on lease back by the mortgagors under the pattam chit Ex. B.

2. In 1895, the mortgagors sol





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