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2010 Supreme(Mad) 2191

V.PERIYA KARUPPIAH
Zubaida – Appellant
Versus
Mahaboob Bivi – Respondent


Advocates Appeared:
For the Appellants:A. Prabhakaran for H. Nazirudden, Advocates.
For the Respondents:R4 & R5, S. Parthasarathy, Senior Counsel for A.S. Kaizer, Advocate, R1 to R3, R6 to R11, No Appearance.

Judgment :-

1. This appeal is against the judgment and decree dated 12.9.1994 in O.S.No.143 of 1993 on the file of the Sub Court, Udumalpet, in dismissing the suit, filed by appellants.

2. For convenience, the parties are referred as arrayed in the suit.

3. The plaintiffs state as follows:

The plaintiffs are the daughters of late P.K.Moosa Rowther, who died on 29.6.1984. The first defendant is the widow of the said P.K.Moosa Rowther. The second defendant is another daughter and the defendants 3 to 5 are his sons. The defendants 6 to 12 are tenants in the suit properties. After the death of the said P.K.Moosa Rowther, the properties owned by him would devolve upon the legal heirs. However, the first defendant being the mother of the plaintiffs and the defendants 2 to 5 prevailed upon the plaintiffs and postponed the claims of the plaintiffs for fair partition and division of the suit properties. As on today, all do not appear going well. The defendants 3 to 5 have been enjoying the incomes from the suit properties without giving any share of income to the plaintiffs yet the plaintiffs never revolted against them. The plaintiffs have no ill-will neither against their mother nor bro













































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