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1918 Supreme(SC) 51

VISCOUNT CAVE, LORD PHILLIMORE, SIR JOHN EDGE, AMEER ALI
VARATHA PILLAI – Appellant
Versus
JEEVARATHAMMAL – Respondent


Advocates:
Solicitors for appellants:Chapman-Walker & Shephard. Solicitor for respondent: D. Graham Pole.

Judgement

Appeal from a judgment and decree of the High Court (November 19, 1915), reversing a decree of the District Court of Chinglepat (August 11, 1912).

The suit was instituted by the appellants in October, 1912, against the respondent, claiming a declaration of their title to a moiety of a mitta, or estate, known as Kariamangalani, and consisting of two villages. The appellants claimed as the heirs of Parthasarathi Pillai upon the death of his widow Alangarammal, which occurred in 1912; alternatively they claimed as the heris of Alangarammal.

The respondent, who was in possession, alleged that the moiety in question had passed under the will of Parthasarathi Pillai to his said widow absolutely, and that she had made a gift of it to the respondents mother, Duraisani; alternatively the respondent relied on the Indian Limitation Act, 1908, alleging adverse possession of the property by her mother from 1896, and after her mothers death in 191] by herself.

The facts appear from the judgment of their Lordships.

The District Judge held that on the construction of the will of Parthasarathi Pillai, his widow took an absolute and not merely a life interest, but that the alleged gift to























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