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1958 Supreme(Mad) 271

BASHEER AHMED SAYEED, PANCHAPAKESA AYYAR
Minor Medai Dalavoi R. Ranganatha Mudaliar adopted son of Medai Dalavoi T. Ranganatha Mudaliar through his father and next friend P. N. Sivasubramania Mudaliar – Appellant
Versus
M. D. T. Kumaraswami Mudaliar (died). – Respondent


Advocates:
K. Rajah Ayyar and T.P. Gopalakrishnan, for Appellant.
P.N. Appuswami, T.R. Sundaram, K.V. Venkatasubramania Ayyar A Ramachandran for Messrs. Row and Reddy, V. Meenakshisundaram and R. Ramamurthi Avvar for Respondents.

Panchapakesa Ayyar, J.-

The appeal has been filed by minor Dalavoi Ranganatha Mudaliar, plaintiff in O.S. No. 31 of 1954 on the file of the Subordinate Judge of Tirunelveli against the Decree and Judgment in so far as they went against him. He had filed the suit for partition and separate possession, as the adopted son of Ranganatha Mudaliar who died on nth January, 1950. He had claimed a half share in the plaint properties comprised in Schedules 1-A to 1-H on the ground that in those divided properties got by Tirumalaippa Mudaliar, the father of Ranganatha Mudaliar, Kumaraswami Mudaliar and Shanmugakumaraswami Mudaliar at a partition with his three sons on 18th June, 1930, succession opened only on the death of his widow, the life-estate holder on 12th May, 1954, when there were only two heirs. Tirumalayappa died on 22nd November, 1930, after executing a will, dated 14th September, 1930, bequeathing his divided and undivided shares of the properties, got at the partition, to his wife Ulagammal Anni, to be enjoyed by her for her lifetime, but Without making any further provision. Ulagammal died on 12th May, 1954. The plaintiff contended that Tirumalaiappa’s one-fourth share (at par














































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