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2024 Supreme(Online)(MAD) 43184

HIGH COURT OF MADRAS
V.LAKSHMINARAYANAN, J
HAYANTH BASHA – Appellant
Versus
HABBIBURAHMAN – Respondent


Advocates:
Mr.V.Elangovan

Table of Content
1. suit barred by limitation (Para 5)
2. court's consideration of submissions (Para 8 , 9)
3. muslim law on inheritance (Para 10 , 11)

ORDER

2. The 2nd defendant in the suit is the civil revision petitioner.

"A. To declare that the partition deed dated 03.10.2007 is illegal, void and nonest.

C.Pass a final decree by appointing an Advocate Commissioner divide the suit property and allots plaintiff shares in the suit scheduled property to plaintiffs Direct the defendants to deliver the separate possession of the property.

3. The case of the plaintiff is that the property belonged to one KA.Abdul Muthalif, the father of the plaintiff and the defendants 2 to 11. Abdul Muthalif passed away leaving behind the parties to the suit to succeed to the estate. He impleaded his mother Habibunnisa, as a party to the suit. He conceded that on the death of Abdul Muthalif, Habibunnisa would be entitled to 1/8th share and in the remaining 7/8th share, he claimed that he is entitled to 2/16th share.

5. His plea is two folds one is that the suit is barred by limitation since the partition deed impugned in the suit is of the year 2007 and the suit has been filed in the year 2021. The 2nd plea

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