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1968 Supreme(Mad) 427

ALAGIRISWAMI
P. Pattabiraman – Appellant
Versus
Parijatham Ammal – Respondent


Advocates:
K. S. Champakese lyengar and K. C. Srinivasan, for Appellant; S. Sitarama Iyer and K. Srinivasan, for Respondent.

Judgement

JUDGMENT :- The plaintiff in the suit is the appellant. The suit related to a portion of a house. The house originally belonged to one Venkatarajalu Naidu and his son Manavala Naidu. Manavala Naidu predeceased his father leaving his widow Lakshmikanthammal. Venkatarayalu Naidu died on 7-11-1934, leaving behind him his widow Rajammal and daughter Kuppammal Rajammal died in 1938. The appellant is the son of Kuppammal. Lakshmikanthammal filed O.S. 1344 of 1940 against Kuppammal for her maintenance and other reliefs. The suit was compromised and a compromise decree was passed under which Lakshmikanthammal was given the right to enjoy the suit property during her lifetime in lieu of maintenance and residence. Parijathammal her daughter the first defendant was given the right to reside in the property till her marriage. Lakshmikanthammal subsequently died and Parijathammal continues to reside in the suit proprety and collect rents. The suit was, therefore, filed for declaration of the appellant's title and recovery of possession. Both the Courts below have held against the appellant.

2. The question for decision is, whether the property got under the compromise decree by Lakshmik






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