Ramanujam, J: — This Letters Patent Appeal is directed against the Judgment of Mohan, J. dismissing of A.S. No. 142 of 1973 (Pondicherry), preferred against the judgment and decree in O.S. No. 5 of 1972 on the file of the Principal District Judge, Pondicherry.

2. The suit properties originally belonged to one Thirumalai Reddiar of Thirubuvanai in Pondicherry State. He had five daughters and one son. One of his daughters is one Kumudavalli who was married in 1930 to one Venkatakrishna Redddiar of Kanjanur in Gingy Taluk within the State of Tamil Nadu. Thirumalai Reddiar by a deed dated 27th June, 1933. donated the suit porperties to his daughter, Kumudavalli. Kumudavalli died issueless on 23rd January, 1941 leaving behind her husband, Venkatakrishna Reddiar. Andalammal, one of the sisters of Kumudavalli, claiming that she is the heir of Kumudavalli, sold the suit properties to one Krishnaswami Reddiar on 16th May, 1960. Coming to know of the said sale by Andalammal, Venkatakrishna Reddiar claiming to be the sole heir of Kumudavalli had in his turn sold the properties to one Muthu Reddiar on I9th March, 1962.

3. Subsequent to his purchase, Muthu Reddiar filed a suit in the Court of fir

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