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1968 Supreme(Mad) 374

ALAGIRISWAMI
Kamatchi Ammal – Appellant
Versus
Athigamudaya Pillai – Respondent


Advocates:
R. Gopalaswami Iyengar, for Appellant; N. K. Ramaswami, for Respondents.

JUDGMENT :- The plaintiff is the appellant. The suit property originally belonged to one Urkavalan Pillai, who settled it upon his wife, Kunjarathammal, under a document, Ex. A-1, dated 19-8-1924. Kunjarathammal and Urkavalan Pillai executed a possessory mortgage, Ex. B-1, on 7-6-1939 in favour of the first defendant. The suit out of which the second appeal arises was for redemption of this mortgage. Defendants 2 to 6 are the sons of Urkavalan Pillai's brother, Arumugham Pillai. D-7 is a daughter-in-law of his. The plaintiff is a successor-in-interest of a purchaser from Urkavalan's wife under Ex. A-2. Defendants 2 to 7 contended that the properties were the joint family properties of Urkavalan Pillai and their father, and that therefore Urkavalan Pillai had no right to settle them on his wife. They also claimed that they were in possession for over the statutory period and perfected title by adverse possession. Both these points have been found against them.

2. There was an earlier suit, O. S. 211 of 1959, filed by Arumugha, for recovery of possession of the suit properties after declaring that the two alienations by Urkavalan's widow were void and against his reversionary interest






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