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1975 Supreme(Mad) 395

S.NATARAJAN
Seethalakshmi Ammal and another – Appellant
Versus
Minor S. Ramesham (Rameshan) adopted S/o. Alwar alias Rukmani Ammal and Srinivasa Iyenger through next friend and property guardian C. K. S. Ranganathan and others – Respondent


Advocates:
G. Ramaswami for Manikandeswaran, for Appellants.
P.S.Srisailam, for Respondent.

JUDGMENT:-This is an appeal by defendants 2 and 3 against the judgment of the Additional .District Judge of Madurai, in A.S. No.390 of 1972, wherein he affirmed the judgment of the trial Court in all respects except as regards the declaration of title and delivery of possession of item No. 24 of the suit properties. The plaintiff has filed a memorandum of cross objections to get relief in respect of item No.24 also.

2. The genesis of this unfortunate litigation between close relations was the posthumous adoption of the plaintiff as the son of the Srinivasa Iyengar who died on 6th September, 1961. Srinivasa Iyengar had no surviving male issue and had only three daughters of whom, the third respondent was the second, the other two being the appellants herein. It would appear that Srinivasa Iyengar was desirous of adopting the plaintiff even during his life time, but the parents of the plaintiff were initially reluctant to give the boy in adoption, for at that time, they had no other male issue besides the plaintiff. However, they were blessed with a second boy on 9th December, 1960 and thereafter they were willing to give the plaintiff in adoption, but due to the intervening illness o




































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