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1996 Supreme(SC) 228

S.SAGHIR AHMAD, K.RAMASWAMY, G.B.PATTANAIK
C. Masilamani Mudaliar – Appellant
Versus
Idol Of Sri Swaminathaswami Swaminathaswami Thirukoil – Respondent


ORDER

Leave granted.

We have heard the counsel on both sides.

2. The appeal by special leave arises from the judgment dated July 2, 1992 of the Division Bench of the Madras High Court rendered in LPA No. 161 of 1988.

3. The appellants are the alienees from Sellathachi, widow of Somasundaram Pillai who had executed a Will, Ex- A3 on 16..7.1950 bequeathing the suit properties to his wife and his cousin s widow Janakathache mentioning thereunder as follows :

"Whereas I have no male or female issues and my wife (1) Sellathachi and (2) Janaka Thathachi, wife of my senior paternal uncle s son Thabasuya Pillai are living with me and in my family and other than other 2 persons, there is none else in my family. Amongst the aforesaid persons, the aforesaid Janaka Thachi have got only maintenance relationship and none else in my family have any right in the share or have maintenance relationship. I am duty bound to provide maintenance for the aforesaid two persons and I have no other duty to be performed. Therefore, after my lifetime, the under mentioned A Schedule property valued at Rs. 2000/- shall be got by the aforesaid two persons and shall be enjoyed in equal shares without any right to alie









































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