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1975 Supreme(Mad) 243

S.MAHARAJAN
Ramaswamy Reddiar – Appellant
Versus
Adilatchumy Animal and another – Respondent


Advocates:
V. S. Ramakrishnan, for Appellant.
J. Stanislas and N.Rajaram, for Respondents

JUDGMENT.-The plaintiff has preferred this second appeal against the judgment of the Principal District Judge, Pondicherry, in A.S.No. 12 of 1972, confirming the judgment of the Additional Subordinate Judge, Pondicherry, in O.S.No. 277 of 1968 and dismissing the plaintiff’s suit with costs.

2. The plaintiff, Ramaswamy Reddiar, sued Adilatchumy Ammal (first defendant) and Appasamy Nayagar (second defendant), husband of the first defendant, for annulment of the sale-deed dated 10th September, 1958, executed by one Kama-lammal in favour of the first defendant in respect of the suit property and for recovery of possession of the property with costs.

3. The suit itself was filed under the following circumstances: The suit property originally belonged to one Rayalu Reddiar, who died on 26th October, 1946, after disposing of all his properties under a notarial testament (Exhibit A-1) dated 10th April, 1946. The testator begot no issue. At the time of the will and of his death, he had the following relatives: (1) Adilatchumy Ammal, his wife; (2) Sambasiva Reddiar, his wife’s sister’s son ; and (3) Kamalammal, the testator’s sister, who was then a widow and presumably childless. Under the wil





































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