UTHA MOIDU HAJI Vs. KUNIMGARATH KUNHABDULLA
LAWS(SC)-2006-11-116
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on November 30,2006

UTHA MOIDU HAJI Appellant
VERSUS
KUNINGARATH KUNHABDULLA Respondents


Referred Judgements :-

JAGANNATH MARWARI AND ORS. V. MST. CHANDNI BIBI AND ANR. [REFERRED TO]
PREM SINGH VS. BIRBAL [REFERRED TO]



Cited Judgements :-

CHIRONJI BAI AND ORS. VS. NARAYAN SINGH AND OTHERS [LAWS(MPH)-2017-1-84] [REFERRED TO]
M SREEDHAR VS. A P CO OPERATIVE TRIBUNAL [LAWS(APH)-2013-6-6] [REFERRED TO]
CHIRONJI BAI & ORS VS. NARAYAN SINGH AND OTHERS [LAWS(MPH)-2017-1-186] [REFERRED TO]
ARUN SINGH VS. SHEELA SINGH WIDOW OF (LATE) BHAGIRATH SINGH [LAWS(RAJ)-2017-6-51] [REFERRED TO]


JUDGEMENT

- (1.)The first defendant in the suit is in appeal before us being aggrieved by and dissatisfied with the judgment and order dated 17.06.1998, passed by a learned Single Judge of the Kerala High Court in Second Appeal No. 8/1991.
(2.)The basic fact of the matter is not in dispute. One Kunhahammad was the owner of the property in question. He died in 1960 leaving behind the second defendant as his widow and defendants 3 to 8 as also the plaintiff of the suit are his children. The land in question was purported to have been sold by defendant Nos. 2 to 8, not only on their own behalf but also on behalf of the plaintiffs, by a registered sale deed dated 30.8.1963, in favour of the father of the first defendant Moosa Haji. It is not in dispute that Moosa Haji was father of defendant No. 2 i.e. maternal grandfather of the plaintiff and defendant Nos. 3 to 8. In the said deed of sale, plaintiff was represented by his father - defendant No. 4.
(3.)Moosa Haji sold half share in the said purchased property, in favour of the appellant by a registered sale deed dated 2.5.1970. As noticed hereinbefore the appellant before us is son of the said Moosa Haji. By reason of a partition which took place in the family of Moosa Haji, another half share of the property in question was allotted in favour of the appellant. The appellant thus became the full owner thereof. The plaintiff attained majority on 30.07.1974. On or about 18.3.1981, he filed a suit in the Court of Subordinate Judge, Calicut, praying inter for the following reliefs :
"(A) To allot 4 shares exclusively to the plaintiff s possession on division of the plaint schedule property ito 94 equal shares but by discarding the sale deed executed by defendants 2, 3 and 4 on 30.8.63 for their on behalf and on behalf of the minor defendants 5 to 8 and the plaintiff.

(B) To permit the plaintiff to recover the mesne profits of the plaint-schedule properties for the last 3 years at the rate of Rs. 10,000.00 per annum from the first defendant or other defendants.

(C) To recover the cost of the suit by the plaintiff from the defendants."

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