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1971 Supreme(Mad) 785

RAMANUJAM
Shanmughasundarathammal – Appellant
Versus
Narayana Konar – Respondent


Advocates:
N. Srivatsamani and R. Krishnaswami, for Appellant; R. Ramamurthi Iyer, for Respondents.

JUDGMENT :- The plaintiff is the appellant. He sued for declaration of his title to the suit property and for recovery of the same from the three defendants. The case of the plaintiff was that the suit property originally belonged to one Sudalaimu-thu Konar, that after his death his widow, Somu Ammal was in enjoyment of the same till her death on 22-3-1966, that Somu Ammal had a daughter Kasamadi who prede ceased her leaving no issues and that after her death Somu Ammal sold the properties to her brother the first defendant under a registered sale deed dated 21-6-1935. ' One Shanmugha Konar and his brother Enasamu-thu filed a suit O. S. 275 of 1935 on the file of the District Munsif, Srivaikuntam for a declaration that the sale deed executed by Somu Ammal was not binding on them as reversioners and succeeded in obtaining a decree. After the death of Somu Ammal the suit property is claimed by the plaintiff as the nearest heir of Sudalaimuthu as per the provisions of the Hindu Succession Act, 1956.

2. The defendants resisted the suit contending that Somu Ammal has taken the third defendant in adoption in 1965 and that as the adopted son of Somu Ammal he is entitled to succeed to the s











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