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1990 Supreme(Mad) 811

SRINIVASAN
Venkatesa Mudaliar – Appellant
Versus
N. Krishnaswamy Mudaliar Trust Represented By Its Managing Trustee – Respondent


JUDGMENT

Srinivasan, J.

1. The respondent herein instituted the suit, which has given rise to this Second Appeal for a declaration of its absolute ownership of the suit property and for injunction restraining the appellants from interfering with the possession and enjoyment of the said property. The claim of the respondent is based on a deed of settlement executed by one Chandrasekaran on 1.11.1975 (Ex. A-2) gifting an extent of 1.40 acres in Survey Number 152 in Allapuram Village, Vellore Taluk, North Arcot District which is the subject matter of the suit.

2. It is not now in dispute that the suit property and some other properties were bequeathed by V. Kothandarama Mudaliar, the grand father of the plaintiffs donor under a Will dated 15.11.1937 (Ex. A-1) in favour of his son Nataraja Mudaliar and grandson Chandrasekaran. According to the plaintiff, Nataraja Mudaliar got a life estate without any power of alienation and Chandrasekaran had the vested remainder. It was stated in the plaint that the sale by Nataraja, Mudaliar in favour of the first appellant's father by name Choolai Sabapathi Mudaliar on 30.9.1943 under Ex. B-6 was not valid or binding on Chandrasekaran. Nataraja Mudali





































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