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1965 Supreme(Mad) 21

M.ANANTANARAYANAN, M.NATESAN
P. N. Venkatasubramania Iyer – Appellant
Versus
P. N. Eswara Iyer – Respondent


Advocates:
Cases Referred
Appalaswami v. Suryanarayanamurthi I.L.R. 1948 Mad. 440
Kandaswami v. Dorasami I.L.R. 2 Mad. 317
Mallesappa v. Mallappa A.I.R. 1961 S.C. 1268.
Bengal Insurance and Real Property Co. Ltd. v. Vellayamma I.L.R. 1937 Mad. 990.
and Ramayya Goundan v. Kolanda Goundan I.L.R. 1940 Mad. 322. . : [1939] 2 M.L.J. 639
Tulasamma v. Venkatasubbayya [1925] I.L.R. 48 Mad. 597; : 49 M.L.J. 220
Ramabai v. Raghunath A.I.R. 1952 Bom. 106..
Pyare Lal Adishar Lal v. Commissioner of Income-tax 1960 S.C.J. 1282; [1960] 2 An.W.R. (S.C.) 111; A.I.R. 1960 S.C. 997. : [1960] 2 M.L.J. (S.C.) 111
Commissioner of Income-tax v. Thyagarajan A.I.R. 1964 Mad. 58
Mt. Khatrani v. Smt. Tapeshwari A.I.R. 1964 Pat. 261.
T.R. Sangameswara Ayyar, for Appellants in O.S.A. Nos. 74 and 75 of 1959 and for 2nd Respondent in O.S. A.Nos. 28 and 29 of 1960.
M.S. Venkatarama Ayyar and M. Sundaram, for Appellant in O.S.A. Nos. 28 and 29 of 1960, for 14th Respondent in O.S.A. No. 74 of 1959 and for 3rd Respondent in O.S.A. No. 31 of 1960.
K.S. Sankara Ayyar, for Appellants in O.S.A. No. 31 of 1960, for 1st Respondent in O.S.A. No. 74 of 1959, 2nd Respondent in O.S.A. No. 75 of 1959 and for 1st Respondent in O.S.A. Nos. 28 and 29 of 1960.
S.R. Subramaniam, for Respondents 2 to 4 in O.S.A. No. 74 of 1959, for 1st Respondent in O.S.A. No. 75 of 1959, for 3rd Respondent in O.S.A. Nos. 28 and 29 of 1960 and for Respondents 2, 5 and 6 in O.S.A. No. 31 of 1960.
C.S. Swaminathan, for Respondents 5, 6, and 8 to 13 in O.S.A. No. 74 of 1959, 3,4, and 6 to 11 in O.S.A. No. 75 of 1959 and 8, and 11 to 13 in O.S.A. No. 31 of 1960.

Anantanarayanan, O.C.J.:-

I have had the advantage of perusal of the judgment of my learned brother, in which he has dealt elaborately and fully with the main issues of fact that arise for our determination in these appeals. I am in entire agreement with his conclusions; that being the case, I felt somewhat hesitant to write a separate, concurring judgment. That hesitancy was reinforced by the consciousness that, though the case does involve the application of several principles of Hindu Law, to the facts, those principles themselves are well-settled, and enunciated in decisions that are now classic. Nor does the application of the principles to the facts of the case, involve any novel departure in any respect. Nevertheless, I propose, in a brief compass, to survey the principles of Hindu Law, that impinge on the facts and circumstances of this case. There are at least one or two refinements that render this expedient. I must make it clear, however, that I am not traversing the facts and evidence again, independently nor dealing with every aspect of the probabilities; my learned brother has discussed them so fully, that I shall assume the background, in addition to my own observatio

































































































































































































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