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1912 Supreme(Mad) 673

R.BENSON, S.AIYAR
Meerangani Rowther – Appellant
Versus
Karupathi Nagur Meera Lubbai – Respondent


JUDGMENT

1. The facts necessary for the decision of this second appeal may very briefly be stated. Vavuthan Ravuthar, a Muhammadan, had two wives. The plaintiffs are his sons by his junior wife. By his senior wife, he had a son, named Nagoor Meeranna, who died in 1906. The plaintiffs suit is to recover their share by inheritance in the property of Nagoor Meeranna. They put forward two instruments; one of them was a deed of gift, under which item No. 1 of the plaint properties was claimed as belonging to Nagoor Meeranna, executed by his maternal grand-mother, and the other a deed of settlement executed by Vavuthan in favour of his senior wife, the 1st defendant and her son Nagoor Meeranna. The defendants contended that possession was not given under the deed of gift, that it was, therefore, invalid and that the property, therefore, did not belong to Nagoor Meeranna This plea has been found against by both the lower Courts, and, as there is no legal objection to that finding, we must accept it in second appeal.

2. With regard to items Nos. 2 and 3 included in the deed of settlement, the plea was that they belonged to the 1st defendant, Ismail Meeranna Ammal herself, although the docume




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