S.PALANIVELU
Syed Dowlath Hussain – Appellant
Versus
Khatoon Bi. (since deceased) – Respondent
S. Palanivelu, J.—This Appeal Suit has been filed by the Appellants to set aside the decree and judgment of the learned Trial Judge, Sub-Court, Vellore, North Arcot District, dismissing the Suit in O.S. No.273 of 1985 on 23.02.1989.
2(i). The case of the Plaintiff is that the schedule described property originally belonged to Khursheed Kathun Bi, W /o Md. Ismail Sheriff. She had mortgaged the schedule mentioned property and other property to one Zaibunnissa under the registered Mortgage Deed dated 11.10.1928. The said Khursheed Kathun Bi had two daughters viz. Safia Bi and Khatoon Bi. Safia Bi is the mother of the Plaintiff and Md. Ismail @ Syed Abdul Wahab Sahib is the father of the Plaintiff. The said Khursheed Khatoon Bi had executed a registered Settlement Deed dated 09.11.1930 in favour of her two daughters bequeathing the house bearing Door Nos.353 and 354 with the direction that they should discharge the mortgage debt due on the Mortgage Deed 11.10.1928. .
2(ii). The said Settlement Deed was accepted and acted upon and thereupon Safia Bi and minor Khatoon Bi represented by her husband Syed Azeez Ahmed sold both houses 353 & 354 to Mohmed Ismail @ Syed Abdul Wahab Sahib
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