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1971 Supreme(Mad) 590

RAGHAVAN, K.VEERASWAMI
Jayalakshmi Ammal – Appellant
Versus
T. V. Ganesa Iyer – Respondent


Advocates:
R. Gopalaswami Iyengar and M, Srinivasan, for Appellants; A. Sundaram Iyer, for Respondent.

Judgement

VEERASWAMI, C.J.:- The defendants are the appellants. The respondents brought the suit for recovery of possession of the plaint schedule properties and for mesne profits. He purchased the properties from Rajamani, the widow of one Narayanaswami, who died in 1948 leaving his sons Prasanna and Venugopal by his first wife Chinnammal. That lady had predeceased her husband. Narayanaswami also left behind him his brother Krishnaswami. The sale deed executed by Rajamani directed the respondent to pay out of the purchase price certain debts of Venugopal which, however, have not up-to-date been paid. Prasanna and Venugopal died in 1953 and 1957. Even during their lifetime Rajamani instituted O.S.34 of 1953 on the file of the court of the Subordinate Judge, Tiruchirapalli, for partition of the properties described in the plaint Schedules A to C and for delivery to her of a 1/6th share on the ground that those properties belonged to the joint family consisting of Narayanaswami and his brother Krishnaswami. That suit ended in a compromise in terms of which a decree followed. The stipulation there was that Rajamani should be paid a sum of Rs.16000 in consideration of her giving up of h








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