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2018 Supreme(Mad) 2483

M.SUNDAR
Abdul Rasheed – Appellant
Versus
Abdul Jabbar rep by his power agent Rasiya Begum – Respondent


Advocates Appeared:
For the Appellants : Mr. Raguvaran Gopalan for Mr. T.V. Sivakumar
For the Respondents: Mr. Jegadeesan, and Mr. N.Raju for Mr. V.Sasikumar for Mr. H.Lakshmi Shankar for Mr. G.Manikandan for Mr. P.Radhakrishnan

JUDGMENT :

1. Estate of one Abdul Latiff and his spouse Fathima Beevi @ Batcha Ammal is the subject matter of a partition suit, out of which the instant second appeal arises.

2. Abdul Latiff and Fathima Beevi @ Batcha Ammal had four sons and four daughters, i.e., 8 children in all. Abdul Latiff died in 1965 and Fathima Beevi @ Batcha Ammal died in 1982. Thereafter, one son P.Abdul Jabbar filed a partition suit against his seven siblings. This partition suit is O.S.No.114 of 1985 on the file of the 'Subordinate Judge's Court at Kumbakonam', which shall hereinafter be referred to as 'trial court'. In this suit in the trial court, as mentioned supra, the sole plaintiff arrayed his seven siblings as defendants 1 to 7. Tenants / lessees in various properties forming part of the aforesaid estate were arrayed as co-defendants, i.e., defendants 8 to 15. There are four schedules to the plaint, i.e., Schedules A, B, C and D. Schedule A is the genealogy tree. Schedule B consists of 36 items of immovable properties, which according to the plaintiff are his father Abdul Latiff's properties. S













































































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