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1974 Supreme(Mad) 89

P.S.KAILASAM, MAHARAJAN
Hussain Uduman – Appellant
Versus
Venkatachala Mudaliar – Respondent


Advocates:
S. K. Ahmed Meeran and A. Abdul Hadi, for Appellant; V. Ratnam, R. Srinivasan and A. Varadarajan, for Respondents.

Judgement

MAHARAJAN, J. :- This Letters Patent Appeal which is directed against the second appellate judgment of V. Ramaswami, J. arises under the following circumstances : Survey No. 60/1, which is the subject-matter of this appeal, and certain other properties originally belonged to two brothers, Viswanatha Chettiar and Palaniandi Chettiar. Viswanatha Chettiar died on 18-2-1918. Sometime before his death, he executed a partition deed and a will whereby he bequeathed the suit property and other properties to his wife, Gomathiammal. After his death, disputes arose between Gomathiammal and Palaniandi Chettiar. Thereupon, Gomathiammal instituted two suits in the District Munsif Court, Tirunelveli, for enforcement of the partition deed and the will and for direction to register the same. On 6-11-1920 under Ex. A.1, both the suits were compromised by the parties, and a decree was granted in terms thereof. Under the terms of the decree, Gomathiammal was to enjoy the suit property and certain other properties for life and after her death, these properties were to go to Palaniandi Chettiar and his heirs. One Velayutham Pillai and Ramiah Pillai obtained a decree against Palaniandi Chettiar


















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