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1954 Supreme(Ker) 37

KOSHI, SUBRAMONIA.IYER, T.K.JOSEPH
Shummughathai Ammal – Appellant
Versus
Devassahayam Nadar – Respondent


Judgment :-

1. This case comes before a Full Bench under the following order of reference:-

ORDER OF REFERENCE

"This is an appeal by the plaintiff from a decree, dismissing the suit. The plaint properties belonged to one Malayappan Maria Gnanaprakasam who died in the year 1076, leaving a widow. He had no children. His widow Mathavaoiyal died in the year 1119. Gnanaprakasam and his widow were Nadar Christians who were governed by principles of Hindu Mithakshara Law in the matter of succession. The widow made certain alienations in respect of the properties described in Schedule B and items 1 to 7 in Schedule A. According to the plaintiffs, 2nd plaintiff is Gnanaprakasam's father's brother's son's daughter's son and the nearest reversioner to the estate of Gnanaprakasam. The alienations made by the widow are void and inoperative after her death. The 2nd plaintiff took possession of all the properties on the death of the widow, but the defendants are obstructing his peaceful possession and enjoyment of the same. On these allegations plaintiffs 1 and 2 sued for a declaration that the 2nd plaintiff was a preferential heir of Gnanaprakasam, that the alienations made by the widow were void






















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