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1970 Supreme(Mad) 376

RAMAMURTI, GANESAN
Saradambal Ammal – Appellant
Versus
A. M. Natesa Mudaliar – Respondent


Advocates:
N. C. Raghavachari and N. C. Varadachari, for Appellant.
K. N. Balasubramaniam, for Respondent.

Ganesan, J.-The suit out of which the appeal arises was instituted in forma pauperis by the appellant Saradambal Animal for a declaration of her title to the suit house and for recovery of possession of the same from the respondent-defendant, Thiru Natesa Mudaliar, with past and future profits.

2. It is not disputed in appeal that the appellant is the legally wedded wife of one Mottayan, that the said Mottayan is still living and that she has two sons out of the said union. She was admittedly living as his permanent concubine, with the respondent in the latter’s house from the year 1946; nor is it disputed that, on 16th May, 1951, the respondent settled the house on the appellant by means of a registered settlement, copy of which is Exhibit A-1 and that, subsequently on 5th August, 1960, a rectification deed styled as a release deed (registration copy Exhibit A-3) was executed in her favour by the respondent as well as Thiru Palaniswami from whom the respondent had purchased the property. It is also seen that the respondent had cancelled the settlement deed by a deed of revocation (registration copy Exhibit A-5) dated 27th March, 1961 after the appellant had left him.

3. The appellan





























































































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