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1976 Supreme(Mad) 131

NATARAJAN
A. Subba Naidu – Appellant
Versus
Rajammal alias Thayammal – Respondent


Advocates:
N.V. Balasubramanian, for Appellant; P. Ananthakrishna Nair, for Respondent.

Judgement

JUDGMENT:- The trial court and the appellate court have concurrently found against the plaintiff, the appellant herein, and dismissed his suit for possession and for mesne profits. As may be presently seen, the dismissal of the suit is purely due to a failure of the courts below to understand the scope of Section 14 (1) and Section 14 (2) of the Hindu Succession Act, 1956.

2. The appellant's suit came to be filed in the following circumstances: One Ayyalu Naidu derived some properties in a family partition as evidenced by Ex. A-2 dated 26-9-1938. He had two wifes, Krishnachi Animal who is the mother of the respondent and Krishnaveni Ammal, the mother of the appellant. He died on 10-1-1939 leaving the appellant as the sole coparcener of the erstwhile joint family. The suit properties which are of an extent of 1.56 acres were given sometime after the death of Ayyalu Naidu to Krishnachi Ammal for enjoying the usufruct therefrom towards her maintenance. Krishnachi Ammal died on 19-11-1969. Thereafter the appellant claimed that the properties should revert back to him and therefore, made a demand on the respondent to surrender possession. As the demand was refused, the appellant













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