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1996 Supreme(Mad) 474

SRINIVASAN
Shanmugham and Others – Appellant
Versus
Saraswathi and Others – Respondent


Appearing Advocates: For

Judgment :-

The second appeal is by defendants 1 to 3 in the suit. Conveniently the properties involved in the suit can be classified into three groups. The first group comprises items 1 to 37, second group items 38 to 44 and the third group items 45 to 57. While the trial Court dismissed the suit in entirety, the appellate Court has granted a decree in favour of the plaintiffs for items 1 to37 entirely and for one half share in items 45 to 57. As regards those items a, preliminary decree has been passed. As regards items 38 to 44 dismissal of the suit has been confirmed by the appellate Judge. The plaintiffs have filed memorandum of cross-objections in so far as those items are concerned.

2. One Muruga Pandaram had three wives Poongavanam, Pachaiammal and Nagarammal. In this case we are not concerned with Poongavanam. He executed a will marked as Ex.A-1 dated 1-7 1922. Under the will he dealt with certain properties in paragraph 1 which were bequeathed to his second wife Pachaiammal after his lifetime to be enjoyed by her further life. It is stated in para I that after her lifetime the sons of both the wives Pachaiammal and Nagarammal shall divide the property. In paragraph 2 some











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