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1997 Supreme(Mad) 514

S.S.SUBRAMANI
Roohnisha Beevi – Appellant
Versus
A. M. M. Mahudu Mohamed – Respondent


Advocates Appeared:
For the Appellants:K.T. Palpandian, Advocate.
For the Respondents:V.S. Subramanian, Advocate.

Judgment :-

1. Plaintiffs 2, 3 and 5 to 10 and defendants 7, 18, 19 and 25 to 28 and 30 in O.S. 420 of 1972, on the file of District Munsifs Court, Ramanathapuram, are the appellants.

2. Suit filed by the plaintiffs, who are ten in number, was one for declaration of title and consequential injunction, or in the alternative for recovery of property from defendants. The scheduled property is described as Survey Nos. 256 and 257 having a total area of nearly 10 acres of which the plaintiffs claim the western one half. The property is included in Patta No. 471. Pending suit, first plaintiff died and plaintiffs 2 and 3 and 7th defendant were recorded as his legal representatives.

3. The material averments in the plaint may be summarised as follows: —

As per Ex.A-1 dated 27-8-1873, and Ex-A-2 dated 18-5-1874, the plaint schedule property, i.e., western half in Survey Nos. 256 and 257 was purchased by late Kuppai son of Kattu Vava. It is further alleged that the acquirer was in possession of the property, and on his death, his rights devolved on his two sons Mohammed Mohideen and Mohammed Ibrahim Sahib. It is further said that in a partition between the members of the family, plaint proper


















































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