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1961 Supreme(Mad) 255

SADASIVAM, S.RAMACHANDRA.IYER
C. S. Nagaraja Iyer. . – Appellant
Versus
Seethalakshmi Ammal. – Respondent


Advocates:
M. S. Venkatarama Ayyar and V. Krishnan, for Appellants.
P. S. Balakrishna Ayyar and P. S. Ramachandran, for Respondents.

Ramachandra Iyer, C.J.-

One Lakshmi Ammal who was absolutely entitled to the property which is the subject-matter of the appeal being childless, brought up her brother’s daughter, Sivakami Ammal. The respondent to this Appeal, Sitalakshmi Ammal, is Sivakami’s mother. On 15th April, 1929 Lakshmi Ammal executed a deed of settlement in favour of Sivakami, the material portion of which is as follows:-

“ You shall enjoy the said property without the right of any alienation till your lifetime and after your lifetime the male children that may be born to you or in their absence the female issue born to you shall take the same and enjoy with absolute rights. In case you have no issue whatever, your mother, Seethalakshmi Ammal, and her heirs shall take the undermentioned property with absolute rights and enjoy the same.” Subsequently, Sivakami was married to the first appellant. There was no child born of the union and on 24th February, 1957 Sivakami died. The respondent, the mother of Sivakami, filed a suit to recover possession of the property, claiming under the settlement deed aforesaid. Several defences were raised to the action by the appellant who was in possession of the property, b


























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