B M FATHIMA BIBI Vs. IDRIS MOHAMMED

JUDGEMENT

(1.) DEFENDANTS in O.S. No. 1276 of 1979, on the file of II Additional District Munsif's Court, Erode, are the appellants.

(2.) SUIT filed by plaintiffs, who are father and son, was to declare their title to the suit property, and for recovery of possession from the defendants.

(3.) IN the written statement filed by defendants 1, 2 and 3, they dispute the claim of the plaintiffs over the plaint item. According to them, as per Ex. A-10, plaint schedule property was not included therein. IN fact, even under Ex. A-6, the acquirer, namely, Hajee Sheik Madhar had already gifted the plaint property to their mother Ayisha Beebi, and in fact, the acquirer did not have any right to gift the plaint schedule property also to the plaintiff No. 2 and his brother under Ex. A-10. It is also said that when the settlement deed was executed as per Ex. A-11, second plaintiff was well aware of the same, and he was also a consenting party regarding the subject matter of the properties therein. The various circumstances put forward to invalidate Ex. A-11 and also the attestation, are disputed by the defendants. It is said that the attestation will estop the plaintiffs from claiming any right over the plaint property. The defendant further contended that since the plaint property belongs to them and also on the principle of estoppel, they are not entitled to any right over the suit property. They pray for dismissal of the suit.