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1997 Supreme(Mad) 442

S.S.SUBRAMANI
B. M. Fathima Bibi – Appellant
Versus
Idris Mohammed – Respondent


Advocates Appeared:
For the Appellants:S.V. Jayaraman for M. Md. Ashraf Ali, Advocates.
For the Respondents:K. Raghunathan, Advocate.

Judgment :-

1. Defendants in O.S. No. 1276 of 1979, on the file of II Additional District Munsifs Court, Erode, are the appellants.

2. Suit filed by plaintiffs, who are father and son, was to declare their title to the suit property, and for recovery of possession from the defendants.

3. Material averments in the plaint may be stated as follows:—

The schedule property originally belonged to one H. Hajee Shaik Madhar Sahib. He executed a gift deed in favour of 2nd defendant and his brother K. Mohammed Abdul Salam on 29-10-1941 in respect of the suit properties and other properties. Ex. A-6 is the said deed. The acquirer had also executed another gift deed on 6-3-1927, evidenced by Ex. A-10 in favour of his daughter late Ayisha Bibi. Second plaintiff, first defendant and one Abdul Salam are brother and sister, and are children of the said acquirer. As between the donees, under Ex. A-6, there was a partition on 11-12-1926, and the plaint properties were allotted to the second plaintiff. 2nd plaintiffs sister, who is the first defendant in the suit, requested her mother that she may be given some properties, and to satisfy her demand, Ayisha Bibi (Ex. A-11). In that document, second pla


























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