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1961 Supreme(Mad) 215

RAMAKRISHNAN
Lakshmi Ammal – Appellant
Versus
Allauddin Sahib – Respondent


Advocates:
T. R. Srinivasa Ayyar and S. Krishnaswami, for Appellant.
A. V. Narayanaswami Ayyar, for Respondent.

Judgment.-

This appeal is directed against the judgment and decree of the learned Additional Subordinate Judge of Madurai, in A.S. No. 55 of 1957 which was an appeal from the decision of the District Munsif of Madurai Taluk at Madurai, in O.S. No. 244 of 1955.

The facts of the case so far as they are necessary for the consideration of the points in issue in this Second Appeal are the following:

The suit property is 54 cents of nanja land. It originally belonged to one Subbiah Pillai. Subbiah Pillai executed a will, Exhibit A-1, dated 5th August, 1931 and died soon afterwards He left behind his widow, Lakshmi Animal, and two daughters, Amirihammal and Ammakutti alias Vadamalai Ammal. The will purported to deal with the suit property (item 1) and another item of property (item 2). It give3 these two properties to the widow with absolute rights and also provided that after her lifetime, item 1 (suit property) should go to Amirthammal and item 2 should go to Ammakutti. Amirthammal was married to Muthuswami Pillai, the fourth defendant, and they had a son Muthukamakshia Pillai, the fifth defendant, and a daughter, sixth defendant. Ammakutti is the third defendant. The plaintiff obtained i

























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