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1960 Supreme(Mad) 383

VEERASWAMI
Mannankatti Ammal – Appellant
Versus
Vaiyapuri Udayar – Respondent


Advocates:
K. S. Naidu for Appellant.
T. M. Krisknaswami Ayyar, for Respondents.

JUDGMENT.

The question in this appeal is whether the settlement deed executed by the 1st defendant on August 29, 1959 is binding on him. Both the Courts below held that it was not. The plaintiff, who on the strength of the settlement sought and failed to obtain a declaration of her title to and injunction in respect of the suit properties, has come up to this Court in Second Appeal.

The plaintiff is the elder sister of the first defendant. Their father and the plaintiff’s husband had died years ago. It is in evidence that the plaintiff was living with the first defendant for 20 years past managing his properties. She brought him up practically from his young age, and got him also married. The first defendant’s wife, the second defendant, is said to have contracted leprosy about four years prior to the settlement deed and at the time of its execution she had a daughter and another child in the womb. Six months after the settlement deed, the second defendant was delivered of a female child. The settlement deed was executed by the first defendant at Chidambaram where it was registered. The 'A' schedule properties, which consisted of the bulk of the properties owned by the first defendan



















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