IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr.A.D.MARIA CLETE, J
Petchimuthu Konar(Died) – Appellant
Versus
S.H. Beema Beevi – Respondent
| Table of Content |
|---|
| 1. overview of appeals and procedural context. (Para 2 , 3) |
| 2. claims for partition based on logical inheritance under mohammedan law. (Para 5 , 6) |
| 3. non-joinder of vendors debated in second appeal process. (Para 7 , 8) |
| 4. court's reaffirmation of decree despite vendor absence. (Para 9 , 10) |
| 5. final dismissal of second appeal at admission stage. (Para 12) |
JUDGMENT
2. This second appeal is directed against the judgment and decree dated 28.02.2020 made in A.S.No.78 of 2018 on the file of the Subordinate Judge Tiruchendur confirming the judgment and decree dated 05-04-2018 made in O.S.No.10 of 2016 on the file of the District Munsif Tiruchendur.
4. The plaintiffs, being the widow and children of late N.M.S. Sahul Hameed, claimed that he was the brother of N.M.S. Mohamed Kavdhu, who had purchased the suit property in 1969 and passed away in 1991 as a Muslim. According to them, upon his death, the estate devolved in accordance with Mohammedan law, whereby his widow became entitled to 9/72 share, each of his two daughters to 24/72 share, and his brother, Sahul Hameed, as the residuary heir, to 15/72 share. Since Sahul Hameed died in 1992, his heirs, namely the plaintiffs, clai
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