A.S. MOHAMMAD IBRAHIM UMMAL ALIAS SHAHUL HAMEED UMMAL OFUNSOUND MIND BY NEXT FRIEND, M.T.S. MD. THAMBI Vs. SHAIK MOHAMMAD MARAKAYAR AND ANR.

JUDGEMENT

(1.) THIS petition is to revise the orders passed, by the learned Subordinate Judge of Tuticorin in I.A. No. 241 of 1947, in O.S. No. 70 of 1946. The plaintiff is the petitioner before me.

(2.) THE suit, O.S. No. 70 of 1946 was instituted on the 15th November, 1946 on behalf of one Mohamad Ibrahim Ummal alias Shahul Hameed Urnraal who was described as a person of unsound mind by her mother as next friend. Ibrahim Ummal succeeded to a portion of her father's estate after his death on the 17th November, 1929. She was married to the second defendant in the suit on 3rd March, 1938. The first defendant is her step -brother. During the minority of the said Ibrahim Ummal her mother managed her property and during the course of her management she became liable to pay to this said Ibrahim Ummal a large amount. A suit, O.S. No. 4 of 1940, on the file of the Sub -Court was instituted for an account of the moneys which came into the hands of the mother and for recovery of the amount after it was ascertained. That suit was ultimately compromised and under that compromise the present plaintiff became entitled to some of her mother's property. On the 12th January, 1943, Ibrahim Ummal executed a registered power of attorney in favour of her husband, the second defendant, and in pursuance of the power conferred upon him under the said power of attorney the second defendant alienated under a sale deed dated 7th February, 1943, some of the items of property which are the subject -matter of the present suit. The stepbrother, the first defendant, instituted suit O.S. No. 51 of 1945, against the present plaintiff represented by her husband as the guardian -ad -litem for recovery of a large amount of money on foot of a promissory note alleged to have been executed in his favour by the plaintiff. That suit also was ultimately compromised whereunder the first defendant became entitled to recover a sum of nearly Rs. 12,000 and odd from the plaintiff. In the present plaint it is alleged in paragraph 4 that:

(3.) THE main issues in the suit are two: