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1976 Supreme(Mad) 529

V.RAMASWAMI
T. V. Doraisamy Naicker, and others – Appellant
Versus
E. Balasubramanian and others – Respondent


Advocates:
G. Jagadisa Ayyar, for Appellant.
N. Sivamani, N. Krishna Mitra and V. Narayanaswami, for Respondent.

JUDGEMENT:-Defendants 1 to 3 are the appellants. The suit was filed by the 1st respondent for a declaration of title of the plaintiff and the sixth defendant to the suit properties and for setting aside the sale deeds dated 7th August, 1957 and 15th March, 1961, executed in favour of defendants 1 to 3 by their guardian. The suit properties originally belonged to one Mangalammal, whose son and daughter are the plaintiff and the sixth defendant. She died on 26th January, 1956 leaving behind her husband and two minor children, who are the plaintiff and the sixth defendant. She bequeathed the suit properties under a registered will dated 5th November, 1955 in equal moieties in favour of her two children, the plaintiff and the sixth defendant, and under the same will, she also appointed her brother one Kalyanarama Iyer as guardian for the minor children and the properties with a direction to be in management of the suit properties, educate the children, get them married and divide whatever properties that remained at the time when the minor children became majors and put them in possession of the same. While the said Kalyanarama Iyer was in such management as guardian of the minors, he








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