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2017 Supreme(Mad) 3857

N.SATHISH KUMAR
Shahida Begum – Appellant
Versus
Ramiza Bi – Respondent


Advocates Appeared:
For the Appellant :Mr. S. Subramanian, Advocate
For the Respondent:Mr. S. Parthasarathy Senior Counsel and A. Govindasamy, Advocate

JUDGMENT :

N. Sathish Kumar, J.

1. The suit is filed for preliminary decree for partition and separate possession of the plaintiffs 7/72 share in the suit properties.

2. The brief facts of the case of the plaintiff are as follows:

Originally, the suit properties were purchased by Late M.A. Sheriff under registered Sale Deeds dated 06.2.1974 and 18.8.1978 and he died intestate leaving the plaintiff and the defendants as his legal heirs. According to the plaintiff, since she is a co-owner of the suit properties along with the defendants 1 to 5, as per Mohammadden Law of Succession, she is entitled to 7/72 share in the suit properties. Similarly, the 1st defendant is entitled to 9/72 share in the suit properties and the defendants 2 to 5 are entitled to 56/72 share in the suit properties. It is stated that the defendants 2 to 5 were keeping M.A. Sheriff with them in their residence in Maharashtra. The deceased was not keeping good health both physically and mentally because of his old age and several other ailments. Taking advantage of such a position of M.A. Sheriff, the defendants 2










































































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