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1986 Supreme(Mad) 452

M.N.CHANDURKAR
Ganapathi and Another – Appellant
Versus
Balasubramania Gounder – Respondent


Advocates Appeared:R.S. Venkatachari, V. Krishnan, Advocates.

Judgment :-

These two revision petitions can be disposed of by a common order. Both of them arise out of proceedings in execution of a mortgage decree passed by this Court in App. No. 15 of 1973 decided on 12th October, 1977.

2. One Ayyakannu Gounder who died in March-April, 1959, had two wives. His second wife was Thaiyanayaki Ammal. Through his first wife he had three daughters and one son, viz., Lokambal Ammal, Visalakshi Ammal, Kokilambal Ammal and Thangaraj, who predeceased his father. Thangaraj's son Thanikachalam died on 2-2-1976 leaving behind his widow Mallika and three minor sons. Kokilambal Ammal has two sons Ganapathi and Masilamani. Visalakshi Ammal has a son, Radhakrishnan. On 9-1-1961 Thaiyanayaki Ammal executed a mortgage on behalf of herself and as guardian of Thanikachalam for a sum of Rs. 30,000 in favour of Balasubramania Gounder. O.S. 50 of 1969 came to be filed by the plaintiff, Balasubramania Gounder in the Court of the Subordinate Judge of Chidambaram for recovery of Rs. 44,903-60. To this suit Thaiyanayaki Ammal and Thanikachalam were defendants 1 and 2 respectively, Rukmani Ammal, Thanikachalam's mother was the 3rd defendant. Ganapathi, Masilamani and Radha






















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