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2013 Supreme(Mad) 2278

S.PALANIVELU
Khaja Mohideen – Appellant
Versus
M. Mohammed Saliha – Respondent


Advocates:
Advocate Appeared:
For Plaintiffs... Mr.S. Parthasarathy Senior Counsel for M/s.R.Asokan
For Respondents ... Mr.R.M.Krishnaraju [for R-6] Mr.M.V.Krishnaraju [for R-8 to R-11 & R-23] Mr.V.Bharathidasan [for R-13, 18 & 20] Ms.A. Bharathi for M/s. Kandavel Duraisamy [R-21 & R-22] R-2 to R-5 No appearance R-14 to R-17, R-19 No appearance R-1 & R-12 died R-7 Given up

JUDGMENT

Suit is filed for partition and separate possession.

2. The following are the brief allegations contained in the plaint -

2[a] The plaintiffs are brothers being the sons of Haji Sheik Dawood Saheb. The first defendant is the senior paternal uncle of the plaintiffs. The second defendant is the son of the first defendant. The plaintiffs had another senior paternal uncle by name Haji Mohammed Hussaian. He died in the year 1968. He had two sons and a daughter by names Habibullah, I.Ubaidullah and Misiria Begam. Habibullah died leaving behind the defendants 3 to 5 as his legal heirs. Ubaidullah also died subsequently as bachelor and his heirs are defendants 3 to 6. The mother of the 6th defendant Rafia Bibi also died in the year 1975 and her heirs are the defendants 3 to 6 herein.

2[b] In the year 1948, two business were started in partnership between N.A.Ardhanariappa Mudaliar, N.A.Ayyaswami Mudaliar sons of Arunachala Mudaliar and the plaintiffs two uncles Mohammed Hussain Saheb, Mohammed Abdul Khader, the first defendant herein and the plaintiffs father Haji Sheik Dawood Saheb. Subsequently the members of the families of the partners became partners. The first business was bus t



































































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