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1953 Supreme(Ker) 135

KUMARA PILLAI
Ramaswami Nadar – Appellant
Versus
Ponniah Nadar – Respondent


Judgment :-

1. This second appeal arises out of a suit for setting aside a mortgage deed and recovering possession of the property comprised in the said deed with mesne profits. Plaintiff, whose suit was dismissed by the trial court and whose appeal to the District Court was also unsuccessful, is the appellant. He is a Hindu Nadar. He had a brother, Saminathan, who died intestate in 1108 and who was a Christian at the time of his death. The plaint property belonged to the said Saminathan. After Saminathan's death his wife, Paranchothi, mortgaged the plaint property to the defendant for 2100 Fanams on 19.1.1112 M.E. Ext. I is the mortgage deed. Subsequent to the execution of Ext. I, Paranchothi also died in 1115. In 1116, plaintiff brought the suit, which was given rise to this second appeal, for setting aside Ext. I and recovering possession of the plaint property with mesne profits at the rate of 5 kottas of paddy per year. His case was that he was Saminathan's heir and the only person entitled to the property after Saminathan's death, that Paranchothi was not Saminathan's legally wedded wife, that she had therefore no right to the plaint property and was not competent to execute















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