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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.Lakshminarayanan, J
Mohamed Kasem Sahib (died)2.S.Iasama Bivi3.M.Mohammed Ali 4.M.Sheik Dawood5.M.Hussain Moideen6.S.Ramisa Bivi7.M.Mohammed Buhari8.M.Shamsudeen9.M.Nagoor Meeran (died)10.S.Subitha Bivi11.N.Saabeera12.Kaalesha (Major)13.Kareem (Major)14.Khafruddin (Major)15.Khaleel Rahman (Major)16.N.Kaadarma17.Dowlath Begum (Major)18.M.Mohammed Razack – Appellant
Versus
Sivakami Ammal (died)2.Wahab Sahib3.Abdul Khader Sahib (died)4.K.P.M.Mohideen Meera Sahib (died)5.Alima Bee (died) 6.M.Johara Muthu7.M.Avula Muthu8.M.Muhammed Hussain (died)9.M.Shamsudeen10.Asma11.Sherifa12.G.Gunasekari13.B.Umapathi14.S.B.Suryakumar15.B.Yuvarajan16.Sameera 17.H.Imran18.M.H.Murthasa19.M.H.Hasbiya Fathima – Respondent
| Table of Content |
|---|
| 1. overview of connected second appeals (Para 1 , 4) |
| 2. claims of possession and attempts of trespass (Para 5 , 6 , 7) |
| 3. defendants’ pleas regarding ownership and possession (Para 8 , 9 , 10 , 11) |
| 4. details on legal proceedings and evidence (Para 12 , 13 , 15) |
| 5. judgment and reasoning on legal heirs and adverse possession (Para 18 , 20 , 30 , 58) |
COMMON JUDGMENT
These three second appeals impugn the judgment and decree of the Court of the learned Subordinate Judge at Madurantakam in A.S.No.23 of 1998 & A.S.No.24 of 1998 dated 31.08.1999 in reversing the judgment and decree in O.S.Nos.123 & 144 of 1985 on the file of the District Munsif Court at Madurantakam, dated 30.01.1997.
2. Since all the three appeals are connected to each other, they are disposed of by this common judgment.
3. For the sake of convenience, the parties shall be referred to as per their ranks in O.S.No.123 of 1985.
4. The facts gleaned from the pleadings are as follows:
The properties situated in Old Survey No.68/5, 68/6 and 68/7 of Vilambur Village, Kadapakkam Firka, Madurantakam Taluk, Chengalpattu District, belonged to the 4th defendant, K.P.M.Mohideen Meera Sahib. He had mortgaged the property in fa
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