MEHRUNNISSA BEE Vs. MAHABOOB BI

JUDGEMENT

(1.) The second defendant in O.S.No.1689 of 1972 on the file of the First Assistant Judge, City Civil Court, Chennai, is the appellant. The deceased first respondent/plaintiff filed the above suit for partition of her half share in the suit property, for declaration that the settlement deed dated 27.11.1970 was not valid and void and not binding on the plaintiff and for rendition of accounts.

(2.) The case of the plaintiff is as follows:

(3.) The defendants 1 to 5 filed a statement contending that the plaintiff was not the daughter of Abdulla Sherif and therefore, the plaintiff had no cause of action to file the suit. They also denied the allegation that the settlement deed dated 27.1.1936 and 20.5.1952 were sham and nominal documents and were not acted upon. As per the settlement deed referred to above and after the death of Khatoon Bi, Abdulla Sherif became entitled to half share in the suit properties as inherited from his wife Khatoon Bi and the remaining half share is inherited by brother and sister of Khatoon Bi. Abdulla Sherif settled his half share which he inherited from his wife on the defendants 1 to 5 and therefore, the settlement deed dated 20.11.1970 was valid one and was acted upon. Abdulla Sherif was not in marz-ul-maut when he executed settlement deed nor was he under the control or influence of the defendants 1 to 5. He was hale and healthy and was keeping good health and was in a sound disposing state of mind and he was not under the undue influence or coercion of the defendants 1 to 5 at the time of execution of the settlement deed. Abdulla Sherif died 7 months after the execution of the settlement deed. The settlement deed was executed by Abdulla Sherif when he was in a sound disposing state of mind and therefore, the settlement deed was valid and the same cannot be challenged by the plaintiff. The earlier settlement deeds dated 27.1.1936 and 20.5.1952 were not sham and nominal and they were valid and the plaintiff cannot claim any share in the properties of late Abdulla Sherif.