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1992 Supreme(Mad) 245

BELLIE
D. K. M. Abdul Razack – Appellant
Versus
A. R. Mymoona Bivi – Respondent


Advocates Appeared:
For the Appellant:T. Arulraj, Advocate.
For the Respondents:S. Gopalratnam for R.L. Ramani, Advocates.

Judgment :-

1. This Second Appeal is by the plaintiff who has lost his case for partition in both the courts below.

2. According to the plaintiff the suit first schedule house property and the second schedule movable properties belonged to his father Mohammed Ibrahim. He is the son of Mohammed Ibrahim through his deceased third wife. Defendant is his fourth wife. Mohammed Ibrahim purchased the site of the first schedule property benami in the name of his fourth wife-the defendant with his own funds and then he constructed the superstructure and he was paying tax for the same. Mohammed Ibrahim died on 14.5.1975. The plaintiff who was a Police Officer was away from their place on duty and therefore the defendant was residing in the house. The second schedule movable properties which are in the house were left by Mohammed Ibrahim. When the plaintiff wanted partition of the properties the defendant refused. Therefore the suit for partition of his 7/8 share.

3. The defendant denied that the site was purchased by Mohammed Ibrahim benami in her name and contended that she purchased it for Rs. 100/- with her own funds on 29.11.1954 under Ex. B23. She denied that the house was constructed wi







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