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1967 Supreme(Mad) 210

M.NATESAN
Vanamamalai Thevar – Appellant
Versus
Narayana Pillai – Respondent


Advocates:
R. Rajagopala Ayyar, for Appellants.
V. Ratnam, for Respondent.

Judgment.-

This Second Appeal has been filed by defendants 1, 3 and 4 and arises out of a suit for recovery of possession of the plaint schedule properties with future mesne profits from the date of suit. Defendants 3 and 4 are wife and son of the first defendant and have been added subsequent to the institution of the suit, the fourth defendant being a minor represented by his mother as guardian ad litem. The plaintiff Sivagami Ammal was the wife of one Arunachalam Pillai, to whom the suit properties admittedly belonged. The 2nd defendant in the suit was impleaded as the santhathi or son of the plaintiff and the said Arunachalam Pillai. It was the plaintiff’s case that Arunachalam Pillai who was leading a wayward life and dissipating his properties, at the request of the plaintiff and others interested in the couple, executed a settlement deed on 31st March, 1925, whereunder the suit properties w,ere settled on hereself and her husband for their lifetime to be enjoyed jointly. The properties have to pass on to their issues on the death of the survivor of them. The settlement deed generally prohibits alienations by the husband and wife, alienation being permitted, if necessary only























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