SAFIA NATCHIAR Vs. JAGABAR SATHIK MALUMIYAR (DECEASED)

JUDGEMENT

(1.) The appellants before this Court are the defendants 1,2 3,5 and 6 in O.S.No.21 of 1984 on the file of the Subordinate Court, Nagapattinam.

(2.) For the sake of convenience, the parties are described as per their rank and status shown in the original suit.

(3.) The suit in O.S.No.21 of 1984 was filed against the appellants herein for partition claiming 258-1/3, out of 576 in the suit property and declaration of title to that effect. According to the plaintiff, Survey Nos.1541 and 1542 in Nagapattinam taluk, Nagoor Kalpa, Malumiyar Street measuring to an extent of 4534 sq.ft., which is more fully described in the suit schedule were original enjoyed by one Fathima Natchiar and the same was given as Seethana to one Katheeja Natchiar, who is the wife of Hameed Maraikkayar. Katheeja Natchiar had two sons and four daughters. Two of his daughters viz., Rafiakani and Rahameth Natchiar together released her 2/8 share in favour of his brother Haji Hasana Maraikkayar on 17.01.1963. From the remaining heirs of Katheeja Natchiar, the plaintiff purchased 258-1/3/576 for consideration of Rs.20,000/- on 06.12.1983 and the same was duly registered. From the day onwards, the plaintiff is in possession and enjoyment of the suit property.