R.S.RAMANATHAN
Syed Nizamuddin – Appellant
Versus
Shaik Akbar – Respondent
1. The defendants 1, 2, 4, 5, 7 to 10 in O.S. No. 2579 of 1996 on the file of the learned V Additional Judge, city Civil Court at Chennai are the appellants in A.S. No. 874 of 2001 and the first respondent in I.A. No. 11233 of 2004 in O.S. No. 2579 of 1996 is the appellant in Tr.A.S. No. 919 of 2009.
2. The suit in O.S. No. 2579 of 1996 was filed by the plaintiffs for declaration that the plaintiffs are entitled to 2/14 share in one half of ‘A’ and ‘B’ schedule properties and after division of ‘A’ ‘B’ schedule properties by meats and bounds into two equal halves, allot to each of the plaintiffs 2/14th share in one such half share and also for declaration that they are entitled to claim Rs. 2 lakhs being the value of shares in one half of ‘c’ schedule property, for declaration that the first defendant/the first appellant shall render a true and proper account of the business of Rapid Industries on and from August 1973 from the plaintiffs and for costs.
3. The case of the plaintiffs is as follows:
The plaintiffs, D11 to D14 are the children of A.R. Shaik Ahmed and Bee Bee Jan. The defendants 1 to 10 are the children of Syed Fakruddin and Azee Zunnisa and the sixth defendant died
Addanki Narayappa v. Bhaskara Krishnappa (dead) AIR 1966 SC 1300(Distinguished) [Paras 33, 40
Commissioner of Income-Tax, Madhya Pradesh
Lachhman Das v. Mt. Gulab Devi AIR 1936 All 270 (Distinguished) [Paras 31
Balraj Taneja v. Sunil Madan AIR 1999 SC 3381(Cited) [Paras 37
Jagatram Ahuja v. Commissioner of Gift-tax, Hyderabad AIR 2000 SC 3195 (Distinguished) [Paras 33, 40
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