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1964 Supreme(Ker) 163

T.C.RAGHAVAN
AMMU – Appellant
Versus
KRISHNAN – Respondent


Judgment :-

1. Karuppan alias Devarajan, the brother of the plaintiff, first married the 1st defendant; and he executed two mortgages in her favour. Subsequently, he married the 8th defendant, the daughter of the 7th defendant, and begot the 9th defendant. He executed a will bequeathing his properties in moieties to the 8th and 9th defendants, and the 7th defendant respectively. A few months after he cancelled that will and executed another will, whereby he bequeathed half of his properties to the 8th and 9tb defendants and the other half to the plaintiff. A few days thereafter he died; and subsequent to his death, the plaintiff filed the suit for redemption of the two mortgages in favour of the 1st defendant. The 1st defendant raised several objections; but both the lower courts decreed the suit for redemption. The 1st defendant comes up in second appeal.

2. One of the questions mooted before the lower courts as well as before me is whether the 1st defendant was validly divorced. Before the lower appellate court the 1st defendant's counsel appears to have agreed that that question need not be considered in this case. Another question raised before the lower courts is whether Devara














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