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1996 Supreme(Mad) 776

S.S.SUBRAMANI
Chandma Bibi – Appellant
Versus
Sheik Mohamed Sahib – Respondent


Advocates Appeared:
For the Appellant:S. Ramamurthi, Advocate.
For the Respondents:R1 & R3 - Mrs. Radha Gopalan, R2 - V. Raghavachari, Advocate.

Judgment :-

1. This Second Appeal is by the Plaintiff in O.S. No. 155 of 1986, on the file of the District Munsifs Court, Tirukoilur. She filed the suit for declaration of her title over the schedule properties, and also for a declaration that she is entitled to the same after the lifetime of the 4th defendant, and for a permanent injunction restraining the 4th defendant from alienating suit items 7 and 8, and for costs of suit.

2. The material averments of the case that led to the filing of the present Second Appeal may be summarised as follows:—

The Scheduled properties belonged to late Ibran Khan Sahib son of Khadhar Khan Sahib. He executed a settlement deed on 20.7.1946 in favour of his daughter, the 4th defendant herein, and her husband Sheik Ghouse Sahib. The husband of the 4th defendant also happened to be the sisters son of the executant. As per that deed, the settlees were to enjoy the properties settled without any power of alienation during the lifetime of the settlor and his wife Ayeesha Bivi and after their lifetime absolutely to the male or female issues of the settlees. If is said that the settlement deed was accepted and acted upon, pattas for the properties also wer


















































































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