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1957 Supreme(Mad) 292

SUBRAHMANYAM, RAMASWAMI GOUNDER
Marudakkal – Appellant
Versus
Arumugha Goundar – Respondent


Advocates:
T. R. Ramachandran, for Appellants.
D. Ramaswami Ayyangar, for Respondent.

Subrahmanyam, J.- This is an appeal from the judgment and decree of the Subordinate Judge of Coimbatore in O.S. No. 150 of 1949. The defendants are the appellants.

The suit was for a declaration that the sale Exhibit B-7 by the first defendant in favour of the second defendant was not binding on the reversioners to the estate of the first defendant’s husband Thanga Goundan. He died in June, 1944. The plaintiff is Thanga Goundan’s brother’s son. It is not denied that he is the presumptive reversioner to Thanga Goundan’s estate. The property sold was a house in Coimbatore. It was sold for Rs. 7,000. The learned Subordinate Judge held that the sale was not binding on the reversioner and hence passed a, decree.

The defendants pleaded that the house was the self-acquired property of the first defendant and that even if it formed part of the property inherited by her from her husband, the sale was for necessity binding on the reversioners. On both the points, the learned Subordinate Judge recorded findings against the defendants.

The first point for determination is whether the property was purchased by the first defendant out of her own funds and for her own benefit benami in the name of h














































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