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1968 Supreme(Mad) 189

VENKATARAMAN
Rangaswami Naicker – Appellant
Versus
Rangammal (died) by proposed L. R. , K. R. Venkataswami Naidu – Respondent


Advocates:
P. Venkataraman, for G. Ramanujam and J. Kanakaraj, for Appellant; T. R. Ramachandran, for Respondent.

Judgement

JUDGMENT :- This appeal arises out of proceedings in the execution of the decree in O. S. No. 431 of 1962 on the file of the District Munsif, Coimbatore. The suit was instituted by one Rangammal, a Hindu widow, against her husband's brother's son, Rangaswami Naicker, the appellant herein, to recover possession of 3.36 acres of land in a village in Coimbatore. The suit was compromised on 28-6-1963, according to which the plaintiff was entitled to a specified extent of 1 acre 12 cents and the defendant to the remainder. Rangammal, however, died the very next day after the decree. Earlier, on 17-10-1962, she had executed a registered will in favour of her brother, Venkataswami Naidu, bequeathing the subject-matter of the suit, namely, 3.36 acres and another house, not concerned in the suit. The will, of course, would take effect only on her death. Founding on the will, the legatee, Venkataswami Naidu, filed E. P. No. 860 of 1963, out of which this appeal arises, to execute the decree. In column 1, he described himself as legal representative of the deceased Rangammal, the decree-holder. In column 11, he prayed that he might be recognised as the heir (legal representative) of







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