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1968 Supreme(Mad) 130

M.M.ISMAIL
Anantha Pillai – Appellant
Versus
Rathnasabapathy Mudaliar – Respondent


Advocates:
S. Rajagopala Iyer for P.R. Gokulakrishnan and B. Soundara Pandian, Advocate, for Appellant.
B. Lakshminarayana Reddy and T. Narayanan, for Respondents.

Judgment.-

One Chockalinga Mudaliar had no sons but had two daughters by names Janaki Ammal, wife of the first defendant, whose son is the 2nd defendant and Kuppammal, the 3rd defendant, whose husband is the 4th defendant. This Chockalinga Mudaliar on 15th May, 1933, executed a will bequeathing all his properties to his two daughters who were minors on that date, though Janaki Ammal was married. Under the terms of the will be authorised the 1st defendant the husband of Janaki Ammal, to manage the properties and put Kuppammal in possession of her share of the properties on her attaining majority. On 20th December 1933, the suit properties were purchased under Exhibit B-1 in the name of Janaki Ammal and Kuppammal. On 30th June, 1937, Janaki Ammal executed a power-of-attorney in favour of her husband, the first defendant (Exhibit A -18). On 24th June, 1947 the first defendant executed an agreement, Exhibit A-1, in favour of the 5th defendant, who is the brother of the plaintiff, for selling the properties in the villages of Ozhundiampattu and Raya Oddai belonging to Janaki Ammal and Kuppammal for a consideration of Rs. 7,500 and received an advance of Rs. 2 000. On 6th September, 1947









































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