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2005 Supreme(Mad) 870

R.BANUMATHI
Minor Anantharaman – Appellant
Versus
Mahalingam – Respondent


Advocates Appeared:
Mr. K. Kannan, Counsel for G.R. Swaminathan, Advocate for Appellant. Mr. K. Yamunan, Counsel for K. Thirugnanam, Advocate for Respondent.

Judgment :

1. This appeal is preferred against the judgment of Additional District Judge, Pondichery at Karaikal in A.S. No. 47 of 1988 dated 1.9.1989 reversing the judgment and decree dated 19.7.1988 in O.S. No. 36 of 1985 on the file of the Principal District Munsif, Karaikal. Unsuccessful plaintiff is the Appellant.

2. Case of the plaintiff is that the suit property in Survey No. 192/5, Patta No. 384 to an extent of 19 acres 5 ca in Soorakudi Village, originally belonged to one Periyanayagathammal, w/o Muthusamy Sasthirigal. Periyanayagathammal purchased the suit property and other properties through a Notarial Deed dated 16.9.1897. She was in possession and enjoyment of the suit property till her death on 16.1.1935. After her death, her only heir Lakshmi Ammal became the owner of the property. On 4.11.1968, the said Lakshmi Ammal in a sound disposing state of mind executed her last Will and Testament before the Notaire Sundaramurthy. On the extension of Indian Registration Act to Pondicherry, the said Will was deposited with the Registrar at Karaikal by the said Notaire. Through the Will, Lakhsmi Ammal bequeathed her properties to the minor plaintiff and she had given the life
































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