LAWS(MAD)-2009-12-429

S G MAHABOOB BASHA Vs. NAJUMUNNISSA

Decided On December 30, 2009
S.G. MAHABOOB BASHA (DIED) Appellant
V/S
NAJUMUNNISSA Respondents

JUDGEMENT

(1.) 1.(This Appeal suit filed under Section 96 of the Civil Procedure Code, against the judgment and decree dated 20.09.2001 made in O.S.No.1935 of 2000 on the file of the VII Additional City Civil Court, Chennai.)The legal representatives of the deceased first appellant viz., appellants 2 to 7 have preferred this appeal before this Court as against the judgment and decree dated 20.09.2001 made in O.S.No,935 of 2000 on the file of Learned VII Additional Judge City Civil Court, Chennai.

(2.) THE necessary averments of the respondent/plaintiff case are set out hereunder:THE respondent/plaintiff is the daughter of the deceased first appellant/first defendant and sister of the other appellants/ defendants. THE respondent/plaintiff and appellants/defendants are co-owners of the properties mentioned in the items 1 to 3 of the plaint schedule. THE respondent/plaintiff is entitled to 1/16th share in these properties.

(3.) THE respondent/plaintiff's mother Ameena Bee has been enjoying the aforesaid properties as an absolute owner till her death. Being an illiterate, she has not known Tamil and English languages to read and understand. She expired on 12.9.88 leaving behind her the respondent/plaintiff as her legal representatives to succeed her estate under Muslim Law.