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2024 Supreme(Online)(MAD) 37642

HIGH COURT OF MADRAS
P.VELMURUGAN, K.K.RAMAKRISHNAN, JJ
H.Abdul Gani (died) – Appellant
Versus
Venmathi Aachi – Respondent


Advocates:
For the Appellants/Petitioners: Mr.V.George Raja
For the Respondents: Mr.T.Lajapathi Roy, Senior Counsel, for Mr.S.Rajasekar

Table of Content
1. factual background of property ownership and legal claims. (Para 1 , 2)
2. arguments regarding the validity of oral hiba and property claims. (Para 3 , 8 , 9 , 10 , 11 , 12 , 13)
3. court's analysis on the proof of oral hiba and property transactions. (Para 5 , 6 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
4. determination of validity of gifts and property rights under mahomedan law. (Para 24 , 25)
5. final dismissal of the appeal confirming the trial court's judgment. (Para 26)

JUDGMENT

(Judgment of the Court was delivered by P.VELMURUGAN, J.)

This Appeal Suit is filed against the decree and judgment dated 28.03.2013 made in O.S.No.155 of 2010 on the file of II Additional District and Sessions Court, Tiruchirappalli.

2.The brief case of the plaintiff reads as follows:-

(i)The suit property originally belonged to the father of the plaintiff's mother, namely, B.Kader Moideen, who died in the month of May, 1961 and his wife Ameer Bi died on 23.09.1963 and his son, namely, Jainulabudeen died on 16.01.1991. After their death, the suit property devolved upon his daughter Jamila Bi / mother of the plaintiff and his son's wife Salima Bibi, who is arrayed as 5th defendant in th

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