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2007 Supreme(Mad) 1231

PRABHA SRIDEVAN
Balagurusami Pillai (deceased) & Others – Appellant
Versus
Lakshmi Ammal (died) & Others – Respondent


Advocates:
For the Appellants:V. Raghavachari, Advocate. For the Respondents:S. Parthasarathy, Senior Counsel, for M.S. Krishnan, Advocate.

Judgment :-

The suit properties belonged to one Varadammal, the second wife of one Kaveri Marudha Pillai. Kaveri Marudha Pillai was the grand son of the said Marudha Pillai through his first wife. Kaveri Ramasamy Pillai was the grand son of Marudha Pillai through his second wife. K.Ramasamy Pillais son is the plaintiff. K.Marudha Pillais daughter through his first wife and Varadammals daughter are defendants 1 and 2. The suit was filed for recovery of possession. The trial court dismissed the suit on the ground that Varadammals estate enlarged into a full estate in accordance with Section 14 (1) of the Hindu Succession Act and therefore, on and from the date of coming into force of the Act, she could deal with the property as a full owner to her alienees, who are defendants 3 and 4. On these and other grounds, the trial Court dismissed the suit. On appeal, the Appellate Court dismissed the appeal only on the ground of limitation holding that the suit has been filed beyond time.

2. As against this, the present second appeal has been filed and has been admitted on the following substantial questions of law:

"1. Whether the lower appellate Court was right in taking into account the rec









































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