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1997 Supreme(Mad) 744

S.S.SUBRAMANI
Mohamed Abdullah – Appellant
Versus
K. A. M. Anwar Ali – Respondent


Advocates Appeared:
For the Appellants:T.R. Mani, Senior Counsel for M.V. Venkataseshan, R.S. Ramanathan, Advocates.
For the Respondents:K. Mahendran, Advocate.

Judgment :-

1. Plaintiffs in Original Suit No. 162 of 1986, on the file of Additional Subordinate Judges Court, Tirunelveli, are the appellants. Suit filed by them was, to declare their title to the plaint schedule property and to direct defendants 1 to 3 and 5 to handover possession of the same with mesne profits at the rate of Rs. 600/- per mensem, and for costs.

2. Late Abdullah Tharaganar was a big businessman, and he acquired various items of properties. He had two wives. First wife was Uma Fathima, and second wife is the third defendant. In this case, we are not concerned about the first wife. Fourth defendant is the son of Abdullah Tharaganar by the second wife. While the fourth defendant was a minor, (it is seen that he was born on 1-5-1943), his father executed Ex. A-1 gift deed on 11-5-1951. As per the said gift deed, he settled the plaint schedule properties along with other properties. They are, Door Nos. 69, 26, 43 and 44, and 41 cents of nanja land. The subject matter of this suit is Door Nos. 43 and 44 which is also known as the ‘western house’. Door No. 69 is known as ‘big house’, and Door No. 26 is known as ‘small house’. Items 43 and 44 were really a car shed, whic


































































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