AMANULLA SHERIFF Vs. FAZEELATH BEGUM

JUDGEMENT

(1.) THE defendants 1, 3 and 10, are the appellants herein. THE first respondent/plaintiff filed the suit seeking for a direction, directing the appellants and the respondents 2 to 9, to pay a sum of Rs.3,60,000/- to her towards past mesne profit and for an appointment of a receiver to maintain and manage the accounts in respect of the income derived from the bus bearing Registration No.T.N.30-Y-1214, plying between Mettur and Velur via., Sangari, so as to enable the first respondent/plaintiff to get her 1/3rd share in the profit.

(2.) THE case of the first respondent/plaintiff was that one Mr.Khader Sherif, was the owner of the bus holding the plying permit from Bhavani to Kattupudur and he settled the bus permit in favour of his wife Mrs.Fathima Bi, under a settlement deed and during the life time of Fathima Bi, she acquired two more bus permits and totally she was having three bus permits in her name. THE said Mrs.Fathima Bi, executed a settlement deed dated 9.6.1975, in favour of five daughters, including the first respondent/plaintiff in respect of one bus, bearing Registration No.MDS.9249. After the death of Mrs.Fathima Bi, on 17.8.1975, misunderstanding arose among the family members and a consensus was arrived at and the members unanimously decided that the bus permits in respect of three buses shall be transferred in the name of the first appellant/first defendant, he being the eldest member of the family and he should run the business and share the profits to all his sisters.

(3.) IT was therefore contended that the first respondent/plaintiff is not entitled to claim any mesne profit and no receiver can be appointed to collect the income derived from the bus, as the first respondent/plaintiff has no title or ownership over the bus and she is not entitled to share any income from the bus.