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1969 Supreme(Mad) 369

GOKULAKRISHNAN
S. Rathnam Naidu – Appellant
Versus
Kanni Ammal – Respondent


Advocates:
N. R. Raghawachariar, for Appellants; P. C. Parthasarathi Iyengar, for Respondents.

Judgement

JUDGMENT:- Defendants 1 and 2 are the appellants in this court. Plaintiffs 1, 2, 3, 5, 6, 7, 8 and defendants 3, 4, 5. 6 and 7 are the respondents herein. The plaintiffs and defendants 3 to 6 are the children of the sisters of Kishtappa Naidu. The said Kishtappa is the husband of Ammayee Ammal. After the death of Kishtappa, Ammayee Ammal has executed a settlement deed in favour of the first defendant in the suit Ammayee Ammal died on 12-1-1959. The second defendant in the suit is the transferee for valuable consideration of the properties settled upon the first defendant by late Ammayee Ammal.

2. The plaintiffs filed the suit for cancellation of the settlement deed dated 12-11-1958 executed by Ammayee Ammal in favour of the first defendant and for possession of the suit properties on the ground of fraud and undue influence by the first defendant.

3. The case of the plaintiffs is that the plaint schedule properties consisting of nine items of nanja and punia lands and item 10, house and site, in Arunparuthy village are originally said to belong to one Kishtappa Naidu. After his death, his only son, Perumal Naidu, also passed away, leaving one Ammayye Ammal his widowed mother,
























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