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1993 Supreme(Mad) 899

SRINIVASAN, THANGAMANI
Nafeese Nachiar (died) – Appellant
Versus
Umma Habeeba Nachiar – Respondent


Advocates Appeared:
For the Appellants:V.S. Subramaniam, A.J. Abdul Razack, R. Mohamed Hidayathulla, Advocates.
For the Respondents:G. Venkataraman, Iyer & Dolia, Advocates.

Judgment :-

SRINIVASAN, J.

1. Introduction : This appeal arises out of a suit filed by the first respondent herein for declaration of title, partition and separate possession of one half share in the suit properties described in Schedules ‘A’ to ‘N’ attached to the plaint. The claim of the plaintiff is that the suit properties belonged to the estate of Haji Abdul Rahman, who died on 7-10-1974, and she being his only daughter is entitled to a half share therein. According to the plaintiff, her father had three wives and her mother was the first wife, who predeceased her father. Defendants 1 and 2 are the other wives. Defendants 4 and 5 are the brothers of the deceased, defendants 6 to 10 are the sisters, 11th defendant is the son of the third defendant, while the 12th defendant is the daughter of the third defendent. Defendants 13 to 18 are impleaded as lessees and tenants in the suit properties. According to the plaintiff, defendants 1 to 6 are each entitled to 2/32 share and defendants 7 to 10 are entitled to 1/32 share each. There was no dispute in the trial Court regarding the division of ‘A’ Schedule properties. Defendants 1, 11 and 12 are the main contesting defendants. Accordin























































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