SYED DOWLATH HUSSAIN Vs. KHATOON BI

JUDGEMENT

(1.) This Appeal Suit has been filed by the appellants to set aside the decree and judgment of the learned Trial Judge, Sub Court, Vellore, North Arcot District, dismissing the suit in O.S. No. 273 of 1985 on 23.02.1989.

(2.) The case of the plaintiff is that the schedule described property originally belonged to Khursheed Kathun Bi, W/o Md. Ismail Sheriff. She had mortgaged the schedule mentioned property and other property to one Zaibunnissa under the registered mortgage deed dated 11.10.1928. The said Khursheed Kathun Bi had two daughters viz. Safia Bi and Khatoon Bi. Safia Bi is the mother of the plaintiff and Md. Ismail @ Syed Abdul Wahab Sahib is the father of the plaintiff. The said Khursheed Khatton Bi had executed a registered settlement deed dated 09.11.1930 in favour of her two daughters bequeathing the house bearing door No. 353 and 354 with the direction that they should discharge the mortgage debt due on the mortgage deed 11.10.1928.

(3.) Per contra, denying the allegations in the plaint, the first defendant filed the written statement which runs thus: