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1977 Supreme(Mad) 121

T.RAMAPRASADA RAO, S.RATNAVEL PANDIAN
P. Saraswathi Ammal – Appellant
Versus
Lakshmi Ammal and another – Respondent


Advocates:
T. Rangaswami Ayyangar, for Appellant.
S. Tyagaraja Ayyar, V. Syamalam, M. Veluswami and S. Natarajan, for Respondents.

Ramaprasada Rao, J.-These two appeals arise out of a common judgment rendered by the learned Subordinate Judge of Coimbatore in O.S. No. 114 of 1970 on his file. S. P. Veerabadra Chettiar, the common ancestor, died on 22nd February, 1951 leaving behind him, his wife, the second defendant and three daughters. Maragathammal, is his eldest daughter, who is not a party to this litigation married an advocate by name P. Rajappan. The first defendant P. Saraswathi Ammal married the brother of P. Rajappan and he is Dr. Punnaivanan . Rajappan was examined as D.W.7 in the case. The plaintiff Latchmi Ammal alias Lakshmi Kantam is the third daughter. Veerabadra Chettiar’s wife Nagalakshmi Ammal, is the mother of the plaintiff, the first defendant and Maragathammal and is the second defendant in the suit. The plaintiff came to Court to set aside the sale-deed Exhibit B-2 dated 29th June, 1964 executed by her mother (second defendant) and herself in respect of the suit properties which sale was in favour of her own, sister, the first defendant. Veerabadra Chettiar left a will Exhibit B-6 dated 22nd January, 1950. He left considerable properties. Under the said will, a life-estate was created in



































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