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1912 Supreme(Mad) 672

Marangami Rowthen – Appellant
Versus
Karupati Nagur Meera Labbai – Respondent


JUDGMENT

1. The facts necessary for the decision of this Second Appeal may very briefly be stated. Vavukhan Rowther, a Mahomedan, had two wives. The plaintiffs are his sons by his junior wife. By his senior wife he had a son named Nagore Meeranna who died in 1906. The plaintiffs suit is to recover their share by inheritance in the property of Nagore 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 Nagore Meeranna, executed by his natural grand-mother, and the other a deed of settlement executed by Vavukhan in favour of his senior wife, the 1st defendant and his son Nagore 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 Nagore 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 Ammal herself although the document under which they wer



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