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1974 Supreme(Mad) 230

RAMAPRASADA RAO, NATARAJAN
M. Kesava Gounder – Appellant
Versus
D. C. Rajan – Respondent


Advocates:
K. Venkataswami for Appellant in Appeal No. 13 of 1968 and Respondents Nos. 4 and 5 in Appeal No. 846 of 1967; k. Parasaran for S. Jagadisan, for Appellant in Appeal No. 846 of 1967 and for Respondents Nos. 14 to 19 in Appeal No. 13 of 1968; A. Ramanathan for R. Vedanthan, for Respondents Nos. 1 and 2 in both the Appeals.

Judgement

RAMAPRASADA RAO, J.:- The first defendant in O.S. No. 146 of 1963, on the file of the Additional Subordinate Judge, Salem, is the appellant in A.S. 846 of 1967. Defendants 3 and 4 in the said suit are the appellants in A.S. 13 of 1968. The first plaintiff is the brother-in-law of the first defendant (sister's husband) and the second plaintiff is the concubine of the first defendant's father. The second defendant is the fist defendant's brother. The 3rd and the 4th defendants are the alienees of some of the suit items of properties and the rest of the defendants are either alienees from the first defendant of some other items of suit properties or the tenants in occupation of one or the other items on the suit properties. The father of defendants 1 and 2 is said to be a leader of Vanniakula Kshatria community in the village and is said to have earned a reputation of his own. He had considerable properties and under Ex. B-1 dated 4-9-1929 he effected a partition as between himself, the first defendant and other coparceners of the family. It is some items of the properties which the first defendant obtained in the said partition, which are the subject-matter of a trust create












































































































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