N. SATHISH KUMAR
Abdul Razack (Died) – Appellant
Versus
K. A. S. Ramdas (Died) – Respondent
JUDGMENT :
PRAYER: These Appeals Suits are filed under Section 96 of C.P.C., 1908 against the judgment and decree dated 06.12.2021 made in O.S.Nos.153 of 2012 & 98 of 2015, on the file of III Additional District Judge, Tiruchirappalli.
Aggrieved over the common decree and judgment passed in O.S.Nos.153 of 2012 and 98 of 2015, both the appeals came to be filed.
2. O.S.No.153 of 2012 was filed for declaration and recovery of possession of the suit property. O.S.No.98 of 2015 is filed for permanent injunction restraining the defendants from making further alteration and improvements in the superstructure of the suit property.
3. Since the facts in both the suits are one and the same, the brief facts, which are necessary to dispose of the appeals, are as follows:
3.1. An extent of 20,800 sq.ft., was purchased by one Razia Begam on 24.09.1946. Subsequently, she has executed a settlement deed on 14.06.1964 in favour of her four sisters viz., Habibunnissa Begam, Hanifa Begam, Mohamadha Begam and Feroza Begam. The said Razia Begam died on 03.01.1975. The settlement deed executed by the said Razia Begam in favour of her four sisters was challenged by one Mr.Babu by filing a Civil Suit in O.S.No.
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