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1964 Supreme(Mad) 131

K.S.RAMAMURTI, M.ANANTANARAYANAN
Atmakur Venkatasubbiah Chetty (died) – Appellant
Versus
Thirupurasundari Ammal – Respondent


Advocates:
M. S. Venkatamma Ayyar for S. Rangaswami, for Appellants.
K. Srinivasan, V. Srinivasan, and K. G. Manickavasagam, for Respondents.

Ramamurti, J.-

This appeal comes before us for final disposal after the submission of the findings by the learned City Civil Judge in pursuance of an order of this Court, dated 1st January, 1963, †calling for a finding. The questions that arise for consideration lie in a narrow compass. The brief facts of the case are as follows:-

One A. C. Kannappa, executed a settlement deed, Exhibit B-5, dated 25th February, 1934, under which he gave a life estate to his son, Rajakannappa in an extent of land, with certain buildings, now bearing door No. 5, Nowroji Road, Chetput, the land measuring about 14 grounds 2,070 sq. feet. The vested remainder was given to minor Rajasekharan, the settlor’s grandson. Rajakannappa’s wife is the first defendant, and his son, minor Rajasekharan aforesaid, is the second defendant. The third defendant is Rajakannappa’s mother-in-law, the mother of the first defendant. Rajakannappa executed two mortgages, Exhibit A-1, dated 28th February, 1946, for Rs. 10,000 and Exhibit A-2, dated 23rd January, 1947, for Rs. 5,000 in favour of the plaintiffs, mortgaging the aforesaid property, over which he has a life interest. In the operative portion of the two mortgages, it i





















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