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1976 Supreme(Mad) 528

V.RAMASWAMI
T. V. Duraiswamy Naicker – Appellant
Versus
E. Balasubramanian – Respondent


Judgement

JUDGMENT:- Defendants 1 to 3 are the appellants. The suit was filed by the first respondent for a declaration of title of the plaintiff and the 6th defendant to the suit properties and for setting aside the sale deeds dated 7-8-1957 and 15-3-1961, executed in favour of defendants 1 to 3 by their guardian. The suit properties originally belonged to one Mangalammal, whose son and daughter are the plaintiff and the 6th defendant. She died on 26-1-1956 leaving behind her husband and two minor children, who are the plaintiff and the 6th defendant. She bequeathed the suit properties under a registered Will dated 5-11-1955 in equal moieties in favour of her two children, the plaintiff and the 6th defendant, and under the same Will, she also appointed her brother one Kalyanarama Iyer as guardian for the minor children and the properties with a direction to be in management of the suit properties, educate the children, get them married and divide whatever properties that remained at the time when the minor children became majors and put them in possession of the same. While the said Kalyanarama Iyer was in such management as guardian of the minors, he sold the properties the appell










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