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1981 Supreme(Mad) 105

SETHURAMAN
Ponnuchami Servai – Appellant
Versus
Balasubramanian – Respondent


Advocates:
K. R. Thiagarajan and S. Shahul Hameed, for Appellant, T. R. Srinivasan and N. Srivatsamani, for Respondents.

Judgement

JUDGEMENT :- The third defendant in O.S. No.896 of 1974 in the court of the Principal District Munsif of Pudukottai is the appellant in the second appeal. The plaintiff, a minor represented by his mother and next friend filed a suit for declaration and injunction or in the alternative for possession. The plaintiff is the son of the first defendant, who was said to have been leading a wasteful life. On 24-5-1973 the first defendant executed a release deed, marked as Ex. A.2, in favour of the other members of the joint family of which his father was the Kartha and obtained the suit properties, towards his share in the family estate. On the following day, i. e., on 25-5-1973, he executed a settlement deed in favour of the plaintiff with regard to the suit properties. Briefly stated, under the terms of the settlements, the income from the suit properties was to be enjoyed by the plaintiff, his parents and also by other heir of his father. The properties were not to be alienated by the first defendant or his wife, during their lifetime and after the lifetime of the first defendant, and on his attaining majority, the plaintiff would get an absolute interest over the properties,


























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