Chennai Court March 1992 Judgments

SamsuddIn Rowther and anr. Vs. Avvammal and ors.

Court: Chennai

Reported in: (1992)2MLJ252

Srinivasan, J.1. The plaintiffs, who succeeded in the trial court but failed in the appellate Court, have preferred this second appeal. The suit relates to three items of properties. The first two items arc agricultural lands and the third item is a house.2. The relationship of the parties is not in dispute. The plaintiffs are the sons of Abdul Kuthoose Rowther, son of Kader Moideen Rowther. The third defendant is the sister of Abdul Kuthoose Rowther and the daughter of Kader Moideen Rowther. The first defendant is the daughter of the third defendant. The second defendant is a stranger. For the sake of convenience, the parties will be referred to by their rank in the suit, as plaintiffs and defendants.3. The case set out in the plaint is as follows: Kader Moideen Rowther died more than fifty years prior to suit and Abdul Kuthoose Rowther died about twenty years prior to suit. The latter was entitled to the suit properties and he was in long, continuous and open possession and enjoyment...