M A AMANULLAH Vs. FATHIMA FAREEDUNISSA

JUDGEMENT

(1.) The plaintiffs/respondents 1 and 2 herein have filed O.S.No. 35 of 1997 on the file of the learned Additional District Judge, Pondicherry at Karaikal for the relief of partition and separate possession of the plaintiffs 2/10 shares in the property set out in the plaint schedule and for a mandatory injunction directing the first defendant to transfer 1,282 shares to the name of the first plaintiff and 1,283 shares to the 2nd plaintiff and also to pass a decree for account to the plaintiffs for the dividends received by him from the 5th defendant company from the date of death of Ahamed Maricar. The suit was decreed as prayed for with costs. Aggrieved by the same, the defendants 1, 2, 3, 6 and 7 have come forward with the present appeal. Pending appeal, the first defendant/first appellant died and his legal heirs were brought on record as appellants 6 to 9.

(2.) For the sake of convenience, the parties shall be referred to as they were arrayed before the Court below.

(3.) The plaintiffs 1 and 2 are sisters. The defendants 1 to 4 are brothers of the plaintiffs. The sixth defendant is the wife of the third defendant. The seventh defendant is the wife of the second defendant. The plaintiffs and defendants 1 to 4 are daughters and sons of Ahamed Maricar and Ummasalma Ammal. The father namely Ahamed Maricar died in the year 1983 and the mother also died intestate in the year 1990.