ANWARDEEN Vs. PARAGATHULLAH

JUDGEMENT

(1.) For the sake of convenience, the parties will be referred to by their name.

(2.) Anwardeen (Accused) is the elder brother of Thoulathnisha. Paragathullah, the complainant herein, is the husband of Thoulathnisha. The other siblings of Anwardeen and Thoulathnisha are Sadiq Batcha (brother), Safar Ali (brother), Rajapunisha (sister) and Parakathnisha (sister). Their mother Jeenathnisha is also alive. Their father - S.M.Abdul Sukkoor had purchased a property measuring 1.10 acres in R.S.No.773/2B in Ooty and he died intestate on 18.12.1989. Thus, the said property will devolve upon his widow Jeenathnisha and children in accordance with the Muslim Law of Inheritance. While so, the mother, the brothers and sisters gave a Power of Attorney dated 08.11.1994 to Anwardeen empowering him to dispose of the said Ooty property and distribute the shares in accordance with the Shariat Law.

(3.) Paragathullah lodged a complaint on 21.07.2006, against his brother- in-law - Anwardeen. But, the police did not take any action. Therefore, he filed a private complaint in C.C.No.441 of 2007 against Anwardeen before the learned Judicial Magistrate No.II, Dindigul, alleging that his wife - Thoulathnisha is the absolute owner of the property measuring 24.75 cents in Survey No.773/2B and that she had given a Power of Attorney to Anwardeen; that Anwardeen had misused the Power of Attorney and sold the property to 18 persons and cheated his wife to the tune of Rs.65,93,000/- (Rupees Sixty Five Lakhs and Ninety Three Thousand only). He has also alleged that Anwardeen had cheated another sum of Rs.25,54,300/- (Rupees Twenty Five Lakhs Fifty Four Thousand and Three Hundred only) towards the share from the business of late S.M.Abdul Sukkoor.