NOORJAHAN BIBI Vs. ABDUL WAHAB RAWTHER

JUDGEMENT

(1.) THE Second Appeal has been admitted on the following substantial question of law:- Whether the courts below are right in interpreting the recitals of Ex. AG document and in holding that the plaintiff is entitled to one of the properties dealt with under Ex. AG and whether the judgments of the courts below are in accordance with the ratio laid down in A.I.R. 1979 Madras 193"

(2.) THE facts of the case in short are:- THEre was one Mohamad Ibrahim Rowthar, who had a son by name Abdul Wahab and daughter by name Aleema Bibi. THEy are the plaintiffs and 1st defendant respectively in O.S. No. 472 of 1986 on the file of Sub Court, Tiruchirapalli. We are not concerned with the other issues of Mohamad Ibrahim Rowthar. Abdul Wahab has a daughter in the name of Noorjahan Bibi, who is the second defendant in the suit. THE 3rd defendant is only a tenant. THE suit was laid by Abdul Wahab Rowthar against his sister Aleema Bibi and his own daughter Noorjahan Bibi and it was for a declaration that the plaintiff Abdul Wahab is the ultimate absolute owner of the suit property after the life time of the first defendant and consequently for possession of the suit property from the defendants.

(3.) THE suit property was purchased under Exhibit A3 by Sulthan Rowthar, the husband of the first defendant on 30.9.1954. Sulthan Rowthar settled the property in favour of his wife Aleema Bibi and the plaintiff, his brother-in-law under Exhibit AG dated 15.10.1954. In that document, he has created a life interest in favour of his wife the ultimate settlee/beneficiary being the plaintiff. It is seen that under Exhibit A.7 a mortgage was created by the plaintiff and first defendant along with one Jaleel Rowthar (who has nothing to do with the suit property) on 2.4.1958.