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2010 Supreme(SC) 539

G.S.SINGHVI, ASOK KUMAR GANGULY
K. Naina Mohamed (Dead) through L. Rs. – Appellant
Versus
A. M. Vasudevan Chettiar (Dead) through L. Rs. – Respondent


Advocates appeared:
For the Appellants:S. Balakrishnan, Sr. Advocate, Subramonium Prasad and Sree Narain Jha, Advocates. For the Respondents:R. Sundaravaradhan, Sr. Advocate, P.B. Suresh and Vipin Nair (for M/s. Temple Law Firm) Advocates.

Judgment :-

G.S. Singhvi, J.

1. This appeal is directed against the judgment of the learned Single Judge of Madras High Court, who allowed the second appeal preferred by respondent Nos.1 and 2 -A.M. Vasudevan Chettiar and A.M. Nagamian Chettiar, set aside the judgment of District Judge, Tiruchirappalli (hereinafter described as `the lower appellate Court') and restored the decree passed by Subordinate Judge, Tiruchirappalli (hereinafter described as `the trial Court') in a suit filed by them for directing Rukmani Ammal, her son, A.B.M. Ramanathan Chettiar and appellant -K. Naina Mohamed (defendant Nos.1 to 3 in the suit) to execute sale deed in their favour in respect of property bearing Municipal Door No.58, Walaja Bazaar Street, Woriur, Tiruchirapalli Town and Talluk (hereinafter described as, `the suit property').

2. The suit property belonged to one Smt. Ramakkal Ammal wife of Pattabiraman of Uraiyur of Tiruchirapalli. She executed registered Will dated 22.9.1951 in respect of her properties and created life interest in favour of her two sisters, namely, Savithiri Ammal and Rukmani Ammal with a stipulation that after their death their male heirs will acquire absolute right in `A














































































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