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1989 Supreme(Mad) 272

NAINAR SUNDARAM
Mahalingam – Appellant
Versus
Kannayyan and Another – Respondent


Appearing Advocates:A. S. Vijayaraghavan, P.N. Nara Simha Iyer, M.S. Rajesekar, N. Vanchinathan, Advocates.

Judgment :-

Highlight in this judgment

In this Second Appeal, the scramble is for the property which originally belonged to one Lakshmana Pillai. Lakshmana Pillai had a first wife by name Parvathammal. He also had a second wife by name Marudambal Achi. We are not concerned with the second wife Lakshmana Pillai had no male issues. He had two daughters. Sampoornam and Amirthavalli. The plaintiff in the suit is the son of Sampooranam. The first defendant in the suit is the son of Amirthavalli. The second defendant is the father of the first-defendant. On 11-6-1934 Lakshmana Pillai executed a deed of settlement as per the original of Ex. A.1. giving the suit property to his first wife Parvathammal for her life and delineating the devolution to his heirs after the lifetime of Pravathammal. On 8-6-1964 Lakshmana Pillai took in adoption the plaintiff, as we could see from Ex.A.2. Lakshmana Pillai diedqhereafter. On 18-6-1976, as per EX.B.1, Parvathammal executed a Will giving the suit-property to the first-defendant. Parvathammal died in July, 1976. The second-defendant would claim that he is a cultivating tenant of the suit-property. The plaintiff laid the suit for recovery of possession















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