SARAMMAL Vs. ALIMA(DIED)

JUDGEMENT

(1.) The defendants 50 to 58 in O.S.No.1 of 2012 are on appeal in S.A(MD)No.175 of 2021 against the preliminary decree for partition granted in the said suit and affirmed on appeal in A.S.No.19 of 2014 on the file of the Principal District Court, Dindigul.

(2.) The other second appeal, namely, S.A.(MD)No.176 of 2021, is against the dismissal of the suit in O.S.No.2 of 2012 filed for injunction by the defendants 1 and 55 in O.S.No.1 of 2012, contending that the defendants in the said suit, namely, the plaintiffs in O.S.No.1 of 2012 and the other descendents of Ahammed Bawa Rawthar, are attempting to interfere with their possession of the suit property. Since the first plaintiff in the suit in O.S.No.2 of 2012 died pending suit, the plaintiffs 3 to 12 were impleaded as his legal heirs. Since the fourth plaintiff in the said suit died pending suit, the plaintiffs 13 to 15 were impleaded as her legal heirs.

(3.) As far as the suit for partition is concerned, the case of the plaintiffs is that the suit properties originally belonged to the brothers, namely, Ahammed Bawa Rowther and Mohammed Ishak Rowthar. It is also averred that the said Mohammed Ishak Rowther sold his half share to Ahammed Bawa Rowther on 04.05.1938. Hence, Ahammed Bawa Rowther had become the absolute owner of the suit properties. The said Ahammed Bawa Rowther died, leaving behind his wife, Ayisha Bibi, six sons and three daughters, in the year 1952. Abdul Rahim, one of the sons of Ahammed Bawa Rowther, died in the year 1966 leaving behind his wife Maimoon Bibi and his children, who were shown as defendants 17 to 21 in the suit. The wife of Ahammed Bawa Rowther, Ayisha Bibi, died in 1969 and her 1/8 share again devolved on her children. It is also claimed that the eldest son of Ahammed Bawa Rowther, namely, Moahmed Hussain died in the year 1970 leaving behind his wife, the fourth defendant and his children, defendants 5 to 7. One of the daughters of Ahammed Bawa Rowther, Sahar Ban Bibi died in 1982 leaving behind the defendants 8 to 16 to succeed to her interest. The suit was laid by three sons of Ahammed Bawa Rowther claiming 53/130 shares in the suit properties.