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1996 Supreme(Mad) 271

SRINIVASAN
Mahalingam – Appellant
Versus
A. S. Narayanaswamy Iyer and Others – Respondent


Advocates:
S.Gopalaratnam, Senior Counsel, for M/ s.R.Srinivasan, K.Rajender and V.Prabhakar, for Appellant. K.Chandramouli. Senior Counsel, for D.Rajagopal, for Respondents.

Judgment :-

The first defendant in O.S.No.298 of 1975, having failed in the courts below, has preferred this second appeal challenging the concurrent findings of the two courts. The question turns upon the construction of Ex.A-1, the Will executed by one Rajalakshmi Ammal on 7. 1972. The plaintiff is the adopted son of Srinivasa Iyer, husband of Rajalakshmi Ammal. The first defendant is the son of Gopala Iyer, brother of Srinivasa Iyer. Though it is not really relevant, it may be mentioned that the plaintiff was the natural son of Gopala Iyer and he was taken in adoption by Gopala Iyer’s brother Srinivasa Iyer. Rajalakshmi Ammal died on 111. 1974 and the present suit was filed on 18. 1975 Though the plaint schedule originally described one item of property in Survey No. 145/2C, later, it was amended by introducing a second item in Survey No. 145/4. As regards the second item there is no dispute between the parties as the first defendant conceded the title of the plaintiff to the said item. It is only the first item which is in dispute.

2. In the Will, two items of properties were bequeathed in favour of the appellant herein. The first item bequeathed under the Will is not the subje






















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