SYED JAFAR IMAM, K.SUBBA RAO, N.RAJAGOPALA AYYANGAR
A. L. V. R. S. T. Veerappa Chettiar – Appellant
Versus
I. S. Michael: Durairaja – Respondent
Judgment
SUBBA RAO, J. : These appeals filed by a certificate issued by the High Court of Judicature at Madras raise a question of Hindu law pertaining to marriage in Asura form . The material facts may be briefly stated : To appreciate the facts and the contentions of the parties the following genealogy may be usefully extracted :
2. Thevaram is an ancient impartible zamindari in Madurai District. Shanumugavalla Konda Bommu Naicker was zemindar from 23-8-1876 to 20-1-1901. On his death on January 21, 1901 Bangaru Ammal, his daughter, got his entire estate under the will executed by him. To discharge the debts incurred by her father Bangaru Ammal executed on March 13,1913 a mortgage of her properties for a sum of Rs. 2,15,000/- in favour of one Chidambram Chettiar, on his death his son Veerappa Chettiar filed on April 16,1925, O. S. 31 of 1925 against Bangaru Ammal in the Subordinate Judges Court, Dindigul for the recovery of a sum of Rs. 5,49,633-8-7 being the balance of the amount due under the said mortgage. The suit was compromised and on July 28, 1928, a compromise decree was passed therein. Under the compromise decree the mortgaged properties were divided into three Schedules
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