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1983 Supreme(Ker) 105

PARIPOORNAN
CHATHU CHETTIAR – Appellant
Versus
KANARAN – Respondent


Judgment :-

1. The legal representatives of P.T. Chathu Chettiar, two in number, who are additional appellants 2 and 3, are the appellants in the second appeal. Deceased Chathu Chettiar was the second defendant in O.S.95 of 1969 in the Munsiff's Court, Perambra. The respondents to the second appeal are plaintiffs Nos.1 and 2 and the 1st defendant in the suit. The 1st defendant in the suit is one Peruvana Changaran, father of plaintiffs 1 and 2. On 8-3-1947 Changaran aforesaid, the 1st defendant and one Kelappan obtained the plaint property in 'kanam kuzhikkanom' right. Kelappan's right was later got assignment of by Ammalu, mother of the plaintiffs 1 and 2 on their behalf on 24/25-3-1955, evidenced by Ext. Bl. The father of plaintiffs 1 and 2, Ist defendant in the suit, Changaran, and the plaintiff's mother Ammalu for and on behalf of and as the guardian of plaintiffs 1 and 2, executed an assignment deed in favour of deceased P. T. Chathu Chettiar, the 2nd defendant on 12-11-1958 in respect of a portion of the plaint property. The original document is Ext. B2 and the certified copy thereof is Ext. Al in the case. Alleging that Ammalu, their mother, is not competent to represent the



































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