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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel, J
S.Shahul Hameed – Appellant
Versus
Benazir Banu – Respondent
| Table of Content |
|---|
| 1. background of inheritance and property ownership (Para 1 , 2 , 3) |
| 2. arguments concerning the execution and legality of the sale agreement (Para 4 , 9 , 10) |
| 3. discussion on evidence and mental capacity of the seller (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 20) |
| 4. ruling on validity of sale agreement and plaintiff's readiness (Para 18 , 19 , 24) |
| 5. final decision regarding the appeal and dismissal of original suit (Para 25 , 26) |
JUDGMENT
Feeling aggrieved by the Judgment and Decree dated November 4, 2015 passed in O.S.No.9 of 2012 by the 'District Court, Karaikal' ['Trial Court' for brevity], the first defendant therein has filed this Appeal Suit under Section 96 read with Order XLI Rule 1 of 'the Code of Civil Procedure, 1908 ' ['CPC' for short].
2.For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
PLAINTIFF'S CASE
3.The Suit Property was originally owned by one O.A.Shamsudeen Maricar. After his demise, his wife - M.A.S.Kathija Cani, his four sons - S.Shahul Hameed (first defendant), S.Abdul Salam, S.Sulthan Abdul Kader and S.Uduman and his one daughter - S.Hameed Natchial inherited the Suit Proper
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