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1948 Supreme(Mad) 105

SATYANARAYANA RAO
A. S. Mohammad Ibrahim Ummal alias Shahul Hameed Ummal of unsound mind by next friend M. T. S. Md. Thambi – Appellant
Versus
Shaik Mohammad Marakayar and another – Respondent


Advocates Appeared:
The Advocate-General (K. Rajah Aiyar), B. Pocker and Mahboob Alikhan for Petitioner.
S. Ramachandra Aiyar and M. Krishna Bharathi for Respondents.

Judgment.-

This petition is to revise the orders passed by the learned Subordinate Judge of Tuticorin in I. A. No. 241 of 1947, in O. S. No. 70 of 1946. The plaintiff is the petitioner before me.

The suit, O. S. No. 70 of 1946 was instituted on the 15th November, 1946, on behalf of one Mohamad Ibrahim Ummal alias Shahul Hameed Ummal who was described as a person of unsound mind by her mother as next friend. Ibrahim Ummal succeeded to a portion of her father’s estate after his death on the 17th November, 1929. She was married to the second defendant in the suit on 3rd March, 1938. The first defendant is her step-brother. During the minority of the said Ibrahim Ummal her mother managed her property and during the course of her management she became liable to pay to this said Ibrahim Ummal a large amount. A suit, O. S. No. 4 of 1940, on the file of the Sub-Court was instituted for an account of the moneys which came into the hands of the mother and for recovery of the amount after it was ascertained. That suit was ultimately compromised and under that compromise the present plaintiff became entitled to some of her mother’s property. On the 12th January, 1943, Ibrahim Ummal executed a re






























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