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1967 Supreme(Mad) 513

ISMAIL
Ramaswamy Gounder, Chinnasami Gounder alias Chinna Gounder – Appellant
Versus
Anantapadmanabha Iyer – Respondent


Advocates:
M.S. Venkatarama Iyer, for Appellant.
Rajagopala Iyer, for Respondent.

JUDGMENT:-

The lands in S.F.Nos. 24, 25; 30 and 31 in Sekkanur village, Pollachi Taluk, Coimbatore district, originally belonged to a joint family consisting of one Muruga Pillai and his two sons Arunachala and Ramakrishna. On 19th November, 1917, the father and the two sons executed a mortgage over these lands in favour of one Kuppuswamy Chettiar (Exhibit B-2). On the same date, they entered into a partition deed Exhibit B-1 Under the partition deed Muruga Pillai was allotted S.F. Nos. 24 and 25 along with rights in the well in S.F. No. 30 with the two picotahs while Arunachala was allotted S.F. Nos. 30 and 31. It is unnecessary for the purpose of the present appeal to take into consideration the properties allotted to the share of Ramakrishna. In that partition deed, the operative portion in relation to the allotment of the shares as between the three coparceners read as follows:

The document also contained the following clause with reference to the share allotted to Muruga Pillai:

2. On 5th December, 1918, Muruga Pillai mortgaged his share of the properties along with the well in favour of one Ramai Gounder and Rayakkal reciting therein that the said properties were allotted to Mur





























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