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1964 Supreme(Ker) 78

S.VELU PILLAI
Ponnu – Appellant
Versus
Achuthan – Respondent


Judgment :-

1. This second appeal arises out of a suit for declaration of title and recovery of possession of the suit property. It originally belonged to one Mathur Ramaswami Iyer and was held on lease by the 3rd defendant; subsequently it was assigned to one Venkatachalam Iyer to whom the 3rd defendant attorned, by executing a pattomchit on the 4th November 1918, of which Ext. Al is the copy. It was alleged by the plaintiff, that on the 1st October, 1949, the 3rd defendant leased the property orally to her deceased sister Ammu, who was the mother of defendants 1 and 2. The 3rd defendant sued her for eviction in O.S. 585 of 1953 impleading defendants 1 and 2 in the course of the suit as her legal representatives upon her death. Though that suit was decreed by the first court, the lease was found against and the suit was dismissed in appeal. The rights of the 3rd defendant became vested in the plaintiff by assignment Ext. A2 dated the 11th July, 1955, and he has instituted the present suit. Defendants 1 and 2 contended, that the property was held on lease originally by Pazhanimalai, and upon his death it devolved on his daughters the 3rd defendant and Ammu, that Ext. Al was execute








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